Some Lagos-based legal practitioners have expressed concern over the slow implementation of the Supreme Court judgement granting financial autonomy to local governments.

The lawyers said the landmark ruling had yet to achieve its intended impact across many states of the federation. They spoke in separate interviews on Thursday in Lagos.

Kayode Oshiyemi, principal partner at Kayode Oshiyemi & Co, described the implementation as being at a “zero level”, blaming the executive arm of government for failing to enforce it.

“On a scale of one to 10, the implementation of the Supreme Court decision is zero. This is because the executive arm of government saddled with the responsibility of implementing the decision has yet to take definitive action. It was the executive arm that took state governments to the apex court and won, but it is now failing to ensure compliance,” Mr Oshiyemi said.

Mr Oshiyemi noted that the constitution clearly provided that local governments were entitled to direct allocations from the federation account. He, however, accused state governors of continuing to obstruct the progressive development of the third tier of government.

“The constitution is clear and unambiguous that local governments are entitled to allocations from the federation account. However, state governors have become a clog in the wheel of development. That was the basis upon which the federal government approached the court,” he said.

The lawyer stated that the lingering situation had raised concerns over the relationship between constitutional provisions and the apex court’s verdict.

“The silent question now is which takes precedence between the constitutional provisions and the decision of the apex court. Without much ado, the latter takes precedence, and, therefore, the executive arm of government should act accordingly,” Mr Oshiyemi stated.

The lawyer called for a comprehensive constitutional review and restructuring of Nigeria’s federal system to permanently address governance challenges.

“The applicable remedy is a total overhaul of the Constitution and the need to renegotiate Nigeria’s federal structure and system. When this is done, then we can have progress as a people and as a nation,” he said.

James Adebiyi of Adebiyi Chambers, Lagos, described the judgement as a major step toward strengthening grassroots governance. According to him, evidence suggests that implementation has been uneven, with some state governments still exerting significant control over local council finances.

“The judgement was expected to empower local councils to independently execute developmental projects and provide essential services. However, practical implementation has remained a challenge in several states,” Mr Adebiyi said.

He urged the federal government and relevant oversight institutions to ensure strict compliance with the apex court ruling. The lawyer recommended the establishment of effective monitoring mechanisms and the imposition of sanctions on officials undermining the judgment.

Another legal practitioner, Ruth Ojomo, said the ruling was vital for deepening democracy and enhancing accountability at the grassroots level.

Ms Ojomo, however, observed that many local governments were yet to enjoy full financial independence due to administrative bottlenecks and resistance from some state authorities.

She stressed that financial autonomy must be accompanied by transparency and accountability to prevent misuse of public funds. She called for regular audits of local government accounts and capacity-building programmes for council officials to ensure efficient resource management.

The lawyer further urged the National Assembly and state legislatures to enact supporting laws that would eliminate ambiguities and facilitate full implementation of the judgement.

According to her, sustained political will, institutional reforms, and public vigilance are necessary to ensure local governments function as truly autonomous tiers of government.

Chris Ayiyi, the principal partner of Ayiyi Chambers, Apapa, said that the provisions of the constitution were clear, adding that the challenge lay in political interference.

“What needs to be addressed now is the human factor involving political actors. Let the scorecard be maintained by the opposition and accessibility be granted to everyone to monitor community development at the local government level,” Mr Ayiyi said. 

(NAN)