FG’s suit against states: Supreme Court orders governors to file defense in 7 days

The Supreme Court has given the 36 state governors seven days to file their respective defenses in the suit filed against them by the Federal Government seeking full autonomy for the 774 local government councils in the country.

The apex court also directed the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Lateef Fagbemi (SAN), who filed the suit on behalf of the Federal Government, to reply to the governors’ processes within two days upon receipt.

Persecondnews recalls that the federal government on May 26 requested the Supreme Court to restrain state governors from unilaterally and unlawfully dissolving democratically elected local government officials, seeking an order to protect the latter’s constitutional rights.

FG, among many other pleas, urged the Supreme Court to restrain state governors from unconstitutionally appointing caretaker committees to oversee local governments, upholding the democratic system envisioned by the constitution.

Justice Garba Lawal led a seven-member panel of Justices of the Supreme Court that issued the directive.

The Supreme Court orders the Attorney General of the Federation (AGF) to respond to the governors’ legal filings within 48 hours of receipt, as the AGF represents the Federal Government in the suit.

While arguing the Federal Government’s application, Fagbemi requested the apex court order the governors to file their defence within five days in light of the urgency and importance of the matter.

Fagbemi, while arguing the Federal Government’s application, requested that the apex court order the governors to file their defense within five days in light of the urgency and importance of the matter.

Ben Odoh, the Attorney General of Ebonyi State and Chairman of the Body of Attorneys General, accepted the request for a shorter timeline but asked for a 15-day extension, differing from the 5-day period suggested by the Attorney General of the Federation.

In his ruling, Justice Lawal said the court’s decision to give seven days was predicated on the suit’s national importance and urgency, as well as the non-objection from the Attorneys General of the 36 states of the federation.

Despite receiving a hearing notice, the attorneys general of Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo, and Sokoto states did not appear in court or have any legal representation.

Justice Lawal ordered that they receive a fresh hearing notice for the matter on the next adjourned date of June 13, 2024, due to their absence.

Fagbemi, on behalf of the federal government, instituted the court action against the governors with the sole purpose of seeking full autonomy for the local governments as third tiers of government in the country.

In the suit marked SC/CV/343/2024, the AGF is praying the Supreme Court for an order prohibiting state governors from unilateral, arbitrary, and unlawful dissolution of democratically elected local government leaders.

The governors were sued through their respective state attorneys general in the suit predicated on 27 grounds.