The Ondo State government has raised objections to the competence of a suit filed by the Federal Government at the Supreme Court concerning local government autonomy. The suit, initiated by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, seeks full autonomy for all 774 Local Government Areas (LGAs) in Nigeria as the third tier of government.
In response, Ondo State has filed a preliminary objection, arguing that the Attorney General of the Federation lacks constitutional authority to interfere with a state’s administration of its local governments or their finances. The state characterizes the federal government’s action as an “abuse of court process.”
According to Ondo State, the suit challenges fundamental principles of the rule of law, democracy, separation of powers, and true federalism outlined in the Constitution. The state asserts that the suit represents a blatant misuse of the court’s procedures.
Ondo State argues that only the National Assembly or state House of Assembly has the authority to scrutinize the management of local governments and their finances. The state labels the Federal Government’s involvement as unwarranted interference in local government affairs and urges the Supreme Court to reject jurisdiction over the case.
Moreover, Ondo State contends that the Supreme Court lacks jurisdiction to hear and adjudicate the case due to its filing in contravention of the Constitution and the Supreme Court (Additional Jurisdiction) Act. The state also criticizes certain assertions in the plaintiff’s affidavit, citing violations of the Evidence Act 2011.
In conclusion, Ondo State maintains that only parties specified in Section 232(1) of the Constitution and Section 1(1)(a) of the Supreme Court (Additional Jurisdiction) Act should be involved in cases invoking the original jurisdiction of the Supreme Court.
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