Soludo: Sitting on Appeal over Supreme Court Judgment on LG Autonomy

Thu, Oct 17, 2024
By editor
4 MIN READ

Opinion

By Ikemefuna Ozobi

A few days ago, Governor Chukwuma Soludo addressed a press conference in Awka, ostensibly to clarify his stance on local government autonomy in Anambra State. Instead of focusing on the security challenges facing the state – a topic citizens eagerly expected  – Soludo dedicated his address to defending his recent endorsement of the 2024 Anambra State Local Government Administration Law. Rushed through the State House of Assembly, this law essentially shows the governor’s interpretation of the Supreme Court’s July 2024 landmark judgment on local government autonomy.

In its July 2024 judgment, the Supreme Court decisively championed local government independence, mandating that states respect the autonomy of local councils. The ruling highlighted that local governments must function without interference, particularly financially, to foster grassroots democracy and sustainable development. The judgment was a victory for local governance advocates, aiming to prevent states from rendering local councils subservient administrative extensions.

Governor Soludo’s defence of the new law suggested a commitment to enhancing governance through “specific guidelines” for local councils. While this might sound reasonable, the ambiguity surrounding these guidelines could pave the way for state interference, contradicting the Supreme Court’s directive. Soludo’s law may permit oversight that erodes the independence the judgment sought to ensure, potentially restricting local councils from operating as fully autonomous entities.

Another disturbing element in the unfolding situation is the rapid passage of the law through the State House of Assembly, with minimal public consultation. The legislative sprint raises concerns about transparency, suggesting that the governor’s team may have prioritised speed over scrutiny, in direct conflict with the Supreme Court’s mandate for independent governance at the grassroots level. Such a hurried approach might well be an attempt to consolidate state influence before citizens can voice concerns.

Anambra residents expected the governor to seize the press conference to address the state’s ongoing security issues, a matter intrinsically linked to local governance. One of the critical reasons for local government autonomy is to empower councils to address issues pertinent to their communities, including security. Yet, Soludo bypassed this pressing issue, defending a law many agree that it curtailed the councils’ powers. His silence on security might reveal a more profound struggle over the jurisdiction of essential public services between the state and local authorities, where autonomy could serve as a clear line of responsibility.

Local government independence hinges significantly on financial autonomy. The Supreme Court clarified this, affirming that councils must have direct access to federal allocations without state intermediation. However, Soludo’s new law appears to contain financial stipulations that could keep local governments dependent on state approval, potentially contradicting the court’s judgment. If the law grants the state authority over council finances, Anambra’s local governments might find themselves fiscally bound and unable to fulfil the independence envisioned by the Supreme Court. 

In his recent actions, Governor Soludo appears to be sidestepping, if not outright challenging, the Supreme Court’s unambiguous decision on local government autonomy. By drafting and passing legislation that could reinstate forms of state control, Soludo seems to be sitting on appeal over the Supreme Court’s judgment and effectively setting a precedent that may have ripple effects beyond Anambra State.

As stakeholders scrutinise this development, one thing is sure: any attempt to hinder the autonomy of local councils is bound to attract public critique and potentially legal action. The independence of local governments is too significant an achievement to be swept under the rug by any state legislation. Soludo’s handling of the issue now faces a decisive test in the court of public opinion. Anambra’s citizens— and indeed Nigerians – await to see if their grassroots institutions will emerge more robust or remain accountable to the strings of state control.

A.I

Oct. 17, 2024

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