AGF Fagbemi declares governors’ interference in local governments’ affairs as treasonable
Kunle Sanni
The Attorney General of the Federation (AGF) and Minister for Justice, Lateef Fagbemi, has strongly condemned the continued illegal dissolution of local government councils by state governors, describing it as a treasonable offence.
Fagbemi made this assertion on Wednesday during the opening ceremony of the Nigerian Bar Association’s State of the Nation Discourse held in Abuja.
Represented by the Director of Civil Appeals in the Ministry of Justice, Tijani Gazali, the AGF reaffirmed that despite clear constitutional provisions and Supreme Court judgements protecting the autonomy of local governments, some governors and their state assemblies persist in unlawfully dissolving elected local councils.
According to the AGF, Section 7 of the 1999 Constitution (as amended) explicitly institutionalises local governments as the third tier of government in Nigeria, ensuring their independence.
He emphasised that the Supreme Court has repeatedly ruled against state governments interfering in the administration of local councils, yet such unconstitutional actions persist.
“The continuous dismantling of democratically elected local government structures without adherence to the rule of law is an egregious violation of the Constitution and must be treated with the seriousness it deserves. This act is tantamount to treason and must be addressed accordingly,” Fagbemi stated.
He further criticised the role of state Attorneys General and Commissioners for Justice, accusing them of failing in their duty to uphold the rule of law by not providing sound legal counsel to their governors.
“State Attorneys General must remember that they are first and foremost servants of the law. They owe a duty to the Constitution before their political allegiances,” he added.
The AGF recounted the Supreme Court’s landmark ruling in May 2024, which affirmed the autonomy of local governments and ruled against state governments’ interference in local administration.
The court categorically stated that no state governor, state assembly, or any other body has the legal authority to dissolve democratically elected local government councils.
A significant aspect of the ruling also addressed the financial independence of local governments. The Supreme Court declared that funds allocated to local government councils from the Federation Account belong solely to them and must not be tampered with by state governments.
Following the judgement, the Federal Government established an implementation committee, composed of representatives from the Federal Government, the Association of Local Governments of Nigeria (ALGON), and the Nigerian Governors’ Forum. The committee has been working on a framework for direct allocation payments to local governments to ensure financial independence and transparency.
Despite these efforts, Fagbemi lamented that some state governments continue to flout the Supreme Court ruling.
He warned of potential consequences for states that fail to comply with the judgement, stating that while governors enjoy constitutional immunity from prosecution under Section 308, their actions could have severe legal and political repercussions for their states.
The AGF called on all stakeholders, including legal practitioners and civil society, to support the full implementation of local government autonomy. He urged local governments to be accountable to their constituents, improve administrative efficiency, and engage in community-driven governance.
“This victory for local governments must translate into tangible development at the grassroots level. Local governments must rise to the challenge, ensuring improved service delivery and transparency,” Fagbemi said.
