In a recent interview, Senior Advocate of Nigeria (SAN) and former Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay, shared his thoughts on the Supreme Court’s judgement granting financial autonomy to local governments in Nigeria.

Prof. Sagay expressed his reservations about the ruling, pointing out that it appears to contradict Section 197 (1) (b) of the Constitution, which establishes State Independent Electoral Commissions (SIECs). He noted that the judgement seemed to have overlooked the constitutional provision for a State/Local Government Joint Account by mandating direct payments to local governments.

While acknowledging the need to review the full judgement to understand the court’s reasoning, Prof. Sagay suggested that the concept of “progressive interpretation,” a form of judicial activism, might have been applied by the Supreme Court. This approach allows for the interpretation of laws and constitutions in a manner that aligns with the spirit rather than the literal written word.
Prof. Sagay also raised concerns about the potential ramifications of the judgement, stating that if funds are directly allocated to local governments, states may reduce their support, potentially hindering development. He emphasized that local governments in Nigeria often have limited responsibilities and depend on state governments for various developmental initiatives.

Moreover, Prof. Sagay argued that the inclusion of local governments in the Constitution is an anomaly in a federal system, where there should only be two tiers of government – federal and state. He advocated for the removal of local governments from the Constitution, making them a subject matter of the states.

Regarding the political situation in Rivers State, Prof. Sagay declined to make definitive statements, as the matter is currently before the Supreme Court. He suggested that the judgement of the Court of Appeal should be put on hold until the Supreme Court makes a final determination on the status of the 25 members of the Rivers State House of Assembly who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

As the debate surrounding the Supreme Court’s judgement on local government financial autonomy continues, legal experts like Prof. Sagay are offering their insights on the potential implications and impact on Nigeria’s federal structure and governance.