The Ondo State Government has formally contested a suit filed by the Attorney General of the Federation at the Supreme Court, which seeks autonomy for the 774 local governments across Nigeria.
The state government has urged the Apex Court to dismiss the suit in its entirety.
Like other state governments, Ondo State argues that the federal government lacks the legal standing to file a suit on behalf of local governments.
In a Notice of Preliminary Objection filed by Ondo State Attorney General and Commissioner for Justice, Dr. Olukayode Ajulo, a Senior Advocate of Nigeria (SAN), the federal government is described as an unwelcome meddler in local government affairs.
The objection, filed by Ondo State, one of 28 defendants in the federal government’s suit, is based on 27 grounds.
Ajulo contends that the Attorney General of the Federation cannot unilaterally alter the Nigerian Constitution by requesting the Supreme Court to assume jurisdiction over the matter, violating section 232 of the 1999 Constitution, Section 1 of the Supreme Court Act 3, 2002, and Order 3, Rule 6 of the Apex Court.
Ajulo argues that Section 232 of the Constitution permits the Supreme Court’s original jurisdiction only in disputes between the federation and states involving questions of law or fact affecting their legal rights.
The Ondo State Government asserts that local government funds, as addressed in the suit, belong to local governments, a distinct tier of government independent of the federal government.
Citing Section 162(3) of the 1999 Constitution, the Ondo State Government emphasizes that funds from the federation account must be distributed among federal, state, and local governments as prescribed by the National Assembly, not at the discretion of the federal government.
Additionally, Section 162(8) specifies that local government funds should be distributed as prescribed by the state’s House of Assembly.
The Ondo State Government maintains that only state governments have the constitutional authority to ensure the existence and administration of local government councils, as outlined in Section 7(1) of the Constitution.
They reference the Local Government Administration, Conduct of Local Government Election, and Allied Matters law enacted by their State House of Assembly, asserting that the federal government has no jurisdiction over local government funds in Ondo State.
Describing the federal government as a meddlesome interloper, the Ondo State Government argues that the proper parties for invoking the Supreme Court’s original jurisdiction are not present.
They see the suit as an affront to the principles of rule of law, democracy, separation of powers, and federalism.
Ondo State Government has requested the Supreme Court to strike out the federal government’s suit for being grossly incompetent.
The suit was initiated by the Attorney General of the Federation, accusing the 36 state governments of mismanaging local governments and seeking an order for local government autonomy and direct funding from the Federation Account.
The Supreme Court is set to hear the matter on June 13.
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