Ondo faults AGF’s suit at Supreme Court on LGs autonomy

The Ondo state government has faulted the competence of the suit filed before the Supreme Court by the Attorney General of the Federation on the local government autonomy.

It added that the plaintiff has been unable to establish that a dispute exists between it and the 36 states to warrant the invocation of the jurisdiction of the Supreme Court as required under Section 232 of the Constitution. In the preliminary objection, Ondo State is contending that the Supreme Court “lacks the requisite jurisdiction to hear and determine this suit, same having been filed in flagrant violation of Section 232 of the Constitution of the Federal Republic of Nigeria, 1999 , Section 1 of the Supreme Court Act. No. 3, 2002 and Order 3 Rule 6 of the Supreme Court Rules .

“The distribution of the said funds between three distinct tiers of government is not subject to the discretion or any terms and conditions of the plaintiff “The distribution or usage of the said funds of the local government councils of the states, particularly the 28th defendant , is not subject to the discretion or any terms and conditions to be prescribed by the plaintiff.

“The Constitution has also not placed any vested interest in the federation/plaintiff for the establishment, structure, composition, finance and functions of the local government councils of the various states, particularly the 28th defendant. States Houses of Assembly by virtue of Section 1 of the Supreme Court Act No. 3, 2002, having regard to the clear and unequivocal wordings of Section 162 of the Constitution.“The proper and necessary parties for the purpose of invoking the original jurisdiction of this honourable court in respect of this matter are not before the court.

“Where there is a perceived offensive law, as purportedly alleged by the plaintiff in respect of the respective laws of the various Houses of Assembly of the defendants, there are procedures and mechanisms available within the legislature for an amendment of such provision or an entire repeal of the law, but not for another organ of the government to interfere.

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