A Senior Advocate of Nigeria, Alex Izinyon, has called on the National Assembly to pass the necessary laws to enforce the Supreme Court’s ruling on local government autonomy effectively.
Izinyon expressed disappointment that despite the Supreme Court’s efforts to facilitate smoother administration of local governments, the National Assembly has yet to meet the expectations set by this judgment. On July 11, 2024, the Supreme Court delivered a landmark verdict declaring that funds allocated to local government areas in Nigeria should be paid directly into their accounts to enhance administrative efficiency.
According to Izinyon, this decision received widespread acclaim from various stakeholders, including laypeople, jurists, scholars, and legal professionals. However, there are also those who strongly disagree with the ruling.
“Their primary argument is that the decision amounts to judicial overreach and contradicts the principles of federalism. Politicians, too, have expressed their opinions on the matter,” he explained.
Izinyon further noted that, in his view, the judgment reflects the Supreme Court’s dual role as both a court of law and policy, balancing socio-economic and political issues to serve the interest of justice.
“The Supreme Court of Nigeria is undeniably the final authority on legal disputes in the country, with its judgments being absolute and final in all aspects. There is no further appeal beyond the Supreme Court, except to God Almighty, where no mortal can file petitions or argue cases and return to us mortals alive,” he stated.
He quoted the late jurist Chukwudifu Oputa, who cited American jurist Robert Jackson in the 1989 case of Adegoke Motors Ltd. v. Adesanya & Anor, saying, “We are final not because we are infallible; rather, we are infallible because we are final.”
Izinyon emphasized that while the Supreme Court remains the ultimate legal authority, it also considers social, economic, and political realities in its judgments. Over the years, the Court has delivered significant policy-driven decisions impacting the broader Nigerian society.
He criticized the lack of action from the National Assembly to address unconstitutional dismissals of democratically elected local governments by state governors, noting that these illegalities have persisted for years without correction.
“Would it have served the interest of justice to allow the continued degradation and economic injustices against local councils by these governors? The answer is a resounding NO. The Supreme Court rightly considered this issue from a policy perspective,” Izinyon affirmed.
He concluded by urging the National Assembly to enact legislation to solidify this important decision and implement further safeguards to ensure accountability, while encouraging relevant authorities to monitor local councils for any shortcomings.
