The Supreme Court in its judgment delivered in the suit, marked: SC/CV/343/2024 filed by the AGF against the 36 states Attorneys -General granted financial autonomy to LGAs, held that the third level of government must be run by elected officials and stipulated how such officials could be validly removed from office.
Specifically, the apex court issued a declaration that the 36 states of Nigeria, acting through their respective governors and or Houses of Assembly, cannot, using state’s power, derivable from laws enacted by the State House of Assembly (anyhow so-called) lawfully dissolve democratically elected Local Government Councils within the said states.
When a Chairman of a Local Government is accused of misconduct, it is the Councilors that are empowered by law to remove them from office by way of impeachment and not the state assembly or governor. The removal of any Local Government Chairman or official would be the prerogative of that Local Government, through their legislative house. It is only the legislative arm of each of the Local Government that can remove or suspend a council Chairman once an impeachable offence is established and the necessary procedure followed.
It is pertinent to note that once an election is conducted into the local government council and a winner emerges, each elected council chairman naturally enjoys his autonomy as constitutionally guaranteed under the 1999 Constitution of the Federal Republic of Nigeria to the extent that no state governor or state House of Assembly has the right to remove and or suspend such council Chairman under our laws.
Flowing from the above, therefore, the resolution of the Kogi State House of Assembly purporting to suspend the duly elected Local Government Chairmen of Ibaji LGA is unconstitutional, null and void and of no effect howsoever. The 1999 Constitution (as amended) does not give such power to any state House of Assembly. Such power as it were in this case, to say the least, is arbitrary and unconstitutional.
It is my opinion that the idea of going to court to test the validity of the judgement of the Supreme Court in this case, is a waste of time and an abuse of judicial process.
Supreme Court judgments function as laws by being legally binding on all lower courts and authorities in the country. Through the principle of stare decisis, lower courts must follow the precedents set by the Supreme Court’s decisions when deciding similar cases. Consequently, the lower courts will only but reaffirm the position of the Supreme Court.
All that the suspended Ibaji LGA Chairman need do, is to write a letter to the Honorable Attorney General of the Federation, quoting the relevant sections of the constitution as amended and also the recent judgment of the Supreme Court to that effect.
The Honorable Attorney General of the Federation is legally empowered to uphold the provisions of the constitution and the judgment of the Apex Court in this regard. It is only when the Honorable Attorney General refuses to act (which in this particular case is very unlikely) that the illegally suspended Chairman of Ibaji LGA can approach a court of competent jurisdiction.
Let me on this note, seize the opportunity to advice the Kogi State House of Assembly to sustain the gains of the Renewed Hope Agenda of President Bola Ahmed Tinubu by ensuring that due process in observed in the legislative process and procedures of the house and as stipulated in the Constitution of the Federal Republic of Nigeria (as amended).
– Sani Idakwo Philips.
