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S’Court Grants Accelerated Hearing in FG’s Suit Seeking LG Autonomy
*Orders govs to file defence in 7 days
Alex Enumah in Abuja
The Supreme Court on Thursday ordered accelerated hearing in the suit filed by the Federal Government, seeking the autonomy of local government councils in the country.
Consequently, the apex court ordered the 36 state governors to file their respective defence in the suit within seven days and fixed June 13 for hearing.
The Supreme Court had last week scheduled the matter for hearing for Thursday, May 30.
The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), had on behalf of the Federal Government sued the 36 states over the manner the governors are running the LGs.
In the suit marked SC/CV/343/2024, the AGF prayed the apex court for an order prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected local government executives.
When the matter came up on Thursday, the AGF had brought an application for the abridgement of time for the hearing of the suit.
Fagbemi, while arguing the application, requested the court to order the defendants to file their defence within five days in view of the urgency of the matter.
The chairman, body of Attorneys General of the states of the federation, Ben Odoh, who is also the Attorney General of Ebonyi State, did not object to the request for abridgement of time, he however prayed the apex court to give them 15 days as against the five days proposed by the AGF.
In a short ruling, the apex court ordered the defendants to file their responses to the suit within the next seven days, and the AGF to file his reply to the defendants within two days upon receipt of the defendants’ responses.
Justice Garba Lawal, who led a seven-member panel of justices of the apex court, held that the decision to grant accelerated hearing was because of the national importance, urgency of the suit and the non-objection from the Attorneys General of the 36 states of the federation.
The Supreme Court held that filing of all processes and exchanging of same must be completed within the time and subsequently fixed June 13, 2024 for hearing of the suit.
At Thursday’s proceedings, the Attorneys General of Borno, Kano, Kogi, Niger, Ogun, Osun , Oyo and Sokoto States were absent in court and not represented by any lawyer despite been served with hearing notice.
Justice Lawal ordered that the eight states that were not in attendance at Thursday’s proceedings must be served with fresh hearing notice against the next adjourned date of June 13, 2024 for hearing of the matter.
Fagbemi, in the originating summons, is praying the Supreme Court for an order permitting the funds standing in the credits of local governments to be directly channelled to them from the Federation Account in line with the provisions of the constitution as against the alleged unlawful joint accounts created by governors.
He also sought an order of the apex court stopping governors from constituting caretaker committees to run the affairs of local governments as against the constitutionally recognized and guaranteed democratic system.
Besides, the Federal Government applied for an order of injunction restraining the governors, their agents and privies from receiving, spending or tampering with funds released from the Federation Account for the benefits of local governments when no democratically elected local government system is put in place in the states.