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“That each one efforts to make the governors adjust to the dictates of the 1999 Structure when it comes to setting up, a democratically elected native authorities system, has not yielded any end result and that to proceed to disburse funds from the Federation Account to governors for non present democratically elected native authorities is to undermine the sanctity of the 1999 Structure.
“That within the face of the violations of the 1999 Structure, the federal authorities just isn’t obligated underneath part 162 of the Structure to pay any State, funds standing to the credit score of native governments the place no democratically elected native authorities is in place.”
Consequently, FG, prayed the Supreme Courtroom to invoke sections 1, 4, 5, 7 and 14 of the Structure to declare that the State Governors and State Homes of Meeting are underneath obligation to make sure a democratic system on the third tier of presidency in Nigeria and to additionally invoke the identical sections to carry that the governors can’t lawfully dissolve democratically elected native authorities councils.
It additionally prayed for the invocation of sections 1, 4, 5, 7 and 14 of the Structure to declare that dissolution of democratically elected native authorities Councils by the Governors or anybody utilizing the state powers derivable from legal guidelines enacted by the State Homes of Meeting or any Govt Order, is illegal, unconstitutional, null and void.
In a 13 paragraghs affidavit that was deposed to by one Kelechi Ohaeri from the Federal Ministry of Justice, the AGF mentioned he filed the swimsuit underneath the unique jurisdiction of the Supreme Courtroom, on behalf of the FG.
The deponent averred that native authorities system acknowledged by the Structure is a democratically elected native authorities councils, including that the quantity attributable to native authorities Councils from the Federation Account is to be paid to native authorities system acknowledged by the Structure.
FG mentioned it might in the midst of the listening to tender, Day by day Put up on-line publication of January 29, 2024 titled “LG Administration; 15 Govs underneath scrutiny over Constitutional breach”, Vanguard on-line particular report of September 12, 2023, Guardian editorial of January 23, 2024, Premium Instances on-line publication of December 1, 2023, Vanguard on-line publication of December 1, 2023 and Come up on-line information of December 2, 2023, to justify the nationwide significance and the general public curiosity on the difficulty of granting autonomy to LGAs within the nation.
In the meantime, the Supreme Courtroom has fastened Could 30 to listen to the swimsuit.
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