KEY POINTS
- The FG will also prosecute LG officials aiding governors in diverting LG funds.
- The LG autonomy Supreme Court judgment is financial independence for the LGAs and the AGF is in this for the sake of its enforcement.
- AGF Fagbemi warns that, unlike governors, local government officials have no immunity and could be jailed if found guilty of financial misconduct.
According to the Federal Government, it has vowed to prosecute and jail LG officials indicted in siphoning funds into the 774 Local Government Areas (LGAs) of Nigeria.
The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), made this announcement at the 2024 Annual General Conference of Abuja Chapter of the National Association of Judiciary Correspondents (NAJUC).
He said that the step tallies with the Supreme Court’s judgment giving financial autonomy to local government. Governers’ diversion of local government funds constitutes an “impeachable offence” and “we will bring anybody that has diverted local government funds to book,” he said.
“We have been going to the ears of local government officials that the governors have immunity but you don’t,” he said. Fagbemi warned that it is very easy for you to get yourself to Kuje or any of the Nigerian prisons spread across Nigeria.”
LG officials way of keeping upto their accounts
Fagbemi admitted though that the Federal Government lacks constitutional mandate to get involved in local government elections, but those elected LG officials that will embezzle funds will be liable to criminal prosecution.
Many governors plant loyalists in local government leadership positions just to steal money, he said.
Some governors, we know have planted their loyalists in the various LGs from shambolic elections. We may not interfere with LG elections, but if elected officials mismanage funds provided them by the Federation Account, we will drag them to court,” he declared.
The framework of laws for financial autonomy
The AGF highlited that the Supreme Court’s ruling that was a landmark in the LG autonomy campaign. Previously, local government secretariats had to report basic purchases such as office supplies to state governors before making them, and States existed so long as the governors decided that they would, he explained.
The judgment will act as a tool to check excess state governor control over local governments, he stressed. President Bola Tinubu was commended on his support to ensure LGAs’ financial independence, in spite of whatever pressures from many quarters.
“In fact, even before the Supreme Court uttered its opinion, there were pressures coming from left, right and center.” Fagbemi also praised President Tinubu for firmly standing his ground, emphasizing that the 774 local governments are also people who deserve protection.
Action against state-controlled elections
Further, the AGF also intimated that there could be a legal challenge to state conducted Area Council elections, saying that his office would not hesitate to drag governors to court if they believe that such power over LG elections infringes on autonomy.
The role of media in the administration of justice
Also speaking on the media’s role in judicial processes, Secretary, National Judicial Institute, Dr Abdullaziz Olumo, who represented Chief Justice of Nigeria (CJN) Justice Olukayode Ariwoola, asked journalists to avoid ‘trial by media.’ He urged more responsible reporting in order not to prejudice pending cases or to violate the constitutional rights of litigants.
In this regard, the CJN insisted that the media must stop sensationalism and report court cases fairly and accurately to retain public trust in the judicial process.
Judicial reforms: Ozekhome calls for
In his keynote address, judicial reforms as necessary to prevent the abuse of technicalities in court rulings, Prof. Mike Ozekhome (SAN) decried. He said judges should not sacrifice justice on the altar of technicalities and make the interests of justice prevail.
He said the judiciary “holds the balance of scale” between disputing parties and must ensure that the two sides have fair hearing. Denying lawyers an opportunity and time to argue their cases, he said, would affect the quality of justice.
Collaboration between media and judiciary
Mr. Kayode Lawal, Chairman, Abuja Chapter of NAJUC reiterated the commitment of the media to fair and balanced reporting. He said lawyers who compromise judges should be “promptly and adequately punished” and disciplinary action taken against them.
