On a bright, randy day in Lagos in the year 2015, a judge hurriedly used the law to dissolve a troubled marriage. Three months later, the woman was discovered impregnated by the tender-hearted judge. I pray that won’t be the case with the benevolent presidency of Bola Ahmed Tinubu and Nigeria’s local governments.
Roman orator, Marcus Tullius Cicero, said “the closer the collapse of the Empire, the crazier its laws are.” He is also credited with saying that “the more corrupt the state, the more numerous the laws.” These interventions from antiquity came to my mind as I read the Supreme Court’s epochal decision on the relationship between our states and our local governments last week.
Local governments are now free to have their money the way they had it before the 1999 constitution tied them to the apron strings of the states. Governors cryptically reacted that the judgment had relieved them of the burden of feeding those who should starve among the councils. I am interested in how the Supreme Court’s order is implemented. I am also interested in knowing the motive and the motivations of the initiators of the case. I hope the councils have not been discharged into the house of death from the bedroom of disease.
How will the states handle this situation? How did Tinubu handle his own 20 years ago? If you are bold and brave and you are in power and you have the Lagos-Ibadan press behind you, the Supreme Court and the law are nothing. On December 10, 2004, the Supreme Court, in the celebrated case on the seizure of Lagos State’s local government funds by the government of President Olusegun Obasanjo, ruled that statutory allocations be released to only the 20 local governments recognized by the constitution. Specifically, the Supreme Court ordered that: “The 57 Local Government Areas established by (Lagos) Law No. 5 are inchoate until the National Assembly passes the Act necessary under Section 8(3) of the Constitution. Therefore, the new 57 Local Government Councils are not entitled to receive funds from the Federation Account. Accordingly, the declaration sought (by the Federal Government) is granted.” That order of the apex court did not stop the then Governor Bola Ahmed Tinubu (with his successors) from using the funds of 20 local government councils to fund his illegal 57 councils. He did it yesterday and got what is famously known as Conference 57 – a crowd of well-heeled, monied foot soldiers of the Godfather at the grassroots of Lagos. He is doing it now, enlarging that coast to a potential Conference 774 of Halleluyah choristers. He will do it tomorrow – even if you jump into the Lagoon. Our state governors, if they want, can go learn from him.
In my column of 3 June, 2024, I expressed some fears on what was eventually unveiled last week Thursday by the Supreme Court of Nigeria. I wrote that: “Those who allowed themselves to be distracted slept last night as free people; they woke up this morning in slavery. So, please refuse to be distracted. As you discuss the president’s strange choice of anthem over people’s hunger, pay due attention to everything his government is doing. Pay more than ordinary attention to the local government autonomy case at the Supreme Court. That is a case with a potential to determine (or undermine) your freedom, the health of our country and the safety of our democracy. Why is fox suing hawk in defence of chicken? Autocracy incubates itself in populist confusion. The case is about that. We need vibrant states to checkmate the behemoth in Abuja. We need the local governments to drive development at the grassroots. The rapacious Federal is the elephant unsettling the room. Think of an imperial president with very rich 774 ‘liaison officers’ sitting as council chairmen across the country. Think of a federal government with limitless powers engaging a disparate set of 36 weakened, impotent states. Think of Nigeria as a unitary state. The court case …has the potential to achieve that. The deft moves of today have replicas in history… Think of the aftermath. Think.”
That was last month. I don’t know if it is not too late to think now.