AGF Warns Governors: Removing Elected LG Chairs Is Treason

• Attorney-General Lateef Fagbemi warned state governors that unlawfully removing elected local government chairmen constitutes treason and violates the Constitution

• Fagbemi emphasized that local governments must be administered by elected officials, rejecting any caretaker or interim arrangements as unconstitutional

The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has cautioned state governors against the unlawful removal of democratically elected local government chairmen. He described such actions as treasonable offenses.

Fagbemi issued this warning in Abuja on Tuesday during the opening of a national discourse organized by the Nigerian Bar Association (NBA) titled Strengthening Local Government Autonomy in Nigeria: A Dialogue on the Impact and Implementation of the Supreme Court Judgment.

Represented by the Director of Civil Appeals at the Ministry of Justice, Tijani Gazali (SAN), Fagbemi lamented that despite a Supreme Court ruling against the illegal removal of elected local government officials, some state governors defied the law.

He stressed that dismissing elected local government officials contradicts the Nigerian Constitution and must be stopped.

“Let me state unequivocally that this action is tantamount to treason and must be treated as such,” he declared.

Fagbemi also pointed out that while Section 308 of the Constitution grants governors immunity from prosecution, persistent defiance of the Supreme Court ruling could have serious legal consequences for state governments.

Citing Section 1(2) of the 1999 Constitution, he noted that no individual or group has the right to seize control of any part of the government outside constitutional provisions.

“By virtue of Sections 1(2) and 7(1) of the 1999 Constitution, local government councils must be administered by democratically elected officials. Any other arrangement, such as caretaker committees, interim administrations, or state government control, is unconstitutional, illegal, and void,” he asserted.

Fagbemi further clarified the constitutional provisions regarding local government funding, citing Sections 162(5) and 162(6) of the 1999 Constitution.

“These sections establish a procedure for distributing funds to local government councils. While state governments serve as intermediaries for receiving these funds from the federation account, they have no legal claim to them,” he explained.

He emphasized that state governments are only meant to channel the funds to local councils without interference.

NBA President, Mazi Afam Osigwe (SAN), highlighted the ongoing political crisis over local government control, particularly in Osun State between the All Progressives Congress (APC) and the Peoples Democratic Party (PDP).

“Local government democracy is essential. If we fail to get it right at this level, we may be paving the way for governance failure,” Osigwe warned.

Additionally, a representative of the Central Bank of Nigeria (CBN) revealed that efforts were underway to ensure that all local government councils in Nigeria have properly registered account numbers to receive their statutory allocations directly.

The issue of local government autonomy has been a longstanding concern, with various stakeholders advocating for reforms to prevent state governments from overriding the democratic process at the grassroots level. The recent discourse underscores the growing call for full implementation of the Supreme Court ruling to protect local governance in Nigeria.