LG autonomy: Supreme Court Gives States Seven Days To File Defense

Nigeria’s Supreme Court on Thursday, gave the 36 state governors seven days to file their defense in the suit brought against them by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN).

The Apex Court also issued the AGF, two days to file his reply upon receipt of the governors’ defense.

“That within 2 days of service, the plaintiff will reply after being served the reply of the defendant Counter affidavit,” 

This order was issued by a  seven-man panel of the Apex Court led by Justice Garba Lawal, while ruling in the application for abridgement of time argued by Fagbemi.

He held that the decision of the Court was predicated on the national urgency of the suit and the non- objection from the Attorneys-General of the states of the federation.

The Apex Court held that filing of all processes and exchanging of same must be completed within the time.

The court also ordered all state Attorneys-General absent to be present in court on the adjourned date.

“All defendants absent should be served with fresh hearing notice and be in court on the adjourned date,” it stated.

The eight states whose Attorney General were absent in court despite being served with hearing notice were, Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo, and Sokoto.

The Attorney General of Ebonyi state and the chairman of, the body of state Attorneys-General, Dr Ben Odo, speaking on behalf of the other AGs, said they had a meeting and he has their consent of no objection to the suit.

“I have the consent of all the Attorneys General not to oppose the motion”.

Onyechi Ikpeazu, (SAN), who represented the Anambra State Attorney General, asked for more time.

AGF however asked the court to give them seven days as nine days have already elapsed.

The AGF earlier told the court that the matter requires urgency.

“We have filed our written address, from the nature of the case, it requires urgency and I am happy to report that there is no counter affidavit. I want to state that the importance of this matter underscores all the state of the various Attorney-Generals of the state,” he said.

The court however gave the state governors seven days to file their responses and proceeded to adjourn the suit till June 13 for a hearing.

Fagbemi, in a suit marked SC/CV/343/2024, on behalf of the Federal government, dragged the 36 state governors in the country to court for seeking full autonomy of local governments.

The AGF sued them through their respective State Attorneys General.

The AGF, in the suit predicted on 27 grounds, urged the Apex Court to issue an order, prohibiting state governors from unilateral, arbitrary, and unlawful dissolution of democratically elected local government leaders for local governments.

The FG, further contended that Nigeria as a federation, is a creation of the 1999 constitution with the President, as the Head of the Federal Executive arm of the Federation and has sworn to uphold and give effects to the provisions of the Constitution.

The suit accused the state governors of gross misconduct and abuse of power.