Tampering With LGA Funds Impeachable Offense – AGF Fagbemi Tells Governors
Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN on Thursday, said any state governor who tampers with funds belonging to their Local Government Areas will be guilty of gross misconduct, which is an impeachable offense.
The AGF, while addressing the 2024 annual conference of the National Association of Judiciary Correspondents (NAJUC), Abuja chapter warned the chairmen of the 774 LGAs across Nigeria against mismanaging local government funds.
Fagbemi, in his paper titled, “Aftermath of Supreme Court judgment on Local Government Financial Autonomy: What Next? Said, “By the July 11, 2024 judgment of the Supreme Court, which granted financial autonomy to LGAs in the country, any governor who tampers with the finances of the LGAs in his state is seen to have committed a gross misconduct, which is an impeachable offence”.
Fagbemi, while highlighting the critical role local governments play in delivering grassroots development, urged council chairmen and other officials to prioritize their constitutional duties.
“Primary education must be accessible to every child. Pregnant women and infants must receive quality healthcare, and the vulnerable in the society must benefit from sustainable welfare programmes,” he said
He noted that the financial autonomy granted to local governments by the Supreme Court was designed to empower them to carry out their responsibilities effectively.
However, he said, if any local government chairman chooses to misuse public funds and fail to deliver on his or her constitutional mandates, such local government chairman risks going to jail, adding that local government chairmen do not have immunity like state governors.
He said, any debt incurred by governors, in relation to the official function of state government must be handled by the state, it should not be shared with the local government areas, as such projects are not the constitutional responsibilities of local governments.
The AGF commended President Bola Ahmed Tinubu’s administration for its commitment to strengthening governance structures at all levels and urged local government officials to embrace transparency, warning that the era of impunity was over.
Fagbemi also called on the media to ensure accurate and responsible reporting of issues relating to governance and judicial proceedings, adding that, “Good governance is a collaborative effort, and every tier of government must be held accountable”.
The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun in her speech, said the judiciary and the media occupy unique and complementary roles in the development of the society.
The CJN, represented by the secretary of the National Judicial Institute (NJI), Mr. Abdullaziz Olumo said, while the judiciary serves as the guardian of justice, equity, and the rule of law, the media act as the conscience of society, dissenting information shaping public opinion and ensuring accountability.
According to her, the media is entrusted with the responsibility of informing the public about judicial activities and that, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work and described the media as a critical partner of the judiciary in advancing democracy.
Justice Kekere-Ekun expressed concern over sensationalism in news reporting, which she said distorts facts and undermines public confidence in the judiciary.
She further highlighted the dangers of “trial by media,” where premature narratives prejudge cases, sometimes infringing on constitutional rights. She referenced the landmark U.S. case of Sheppard v. Maxwell (1954), where excessive media interference led to the overturning of a conviction due to the denial of a fair trial.
Like him or not, Wike is performing — AGF
Earlier in his keynote address, Prof. Mike Ozekhome, SAN said the legal profession is key to the existence of a stable society and charged the judiciary to live up to expectations in ensuring that their judgments reflect justice and not on technicalities.
Speaking on the theme of the conference, “The role of courts in enforcement of judgements”, the professor of law said, judgment of court must be obeyed until set aside by a higher court.
He said the courts hold the balance of scale between feuding parties, otherwise, there may be chaos in the country and added that, the court is critical in ensuring that judgments are enforced and complied with.
Ozekhome warned lawyers against meeting Judges behind to ask for help in cases before them, saying lawyers are supposed to argue their cases in court, even as he admonished judges to allow lawyers to argue their cases in court.
“Lawyers should be allowed to draw the attention of Judges to salient points in their processes instead of asking them to just adopt their processes without an opportunity to adumbrate”, the senior advocate said.
He also advised judges to avoid attending occasions organised by politically exposed persons with cases before them and also cautioned judges to eschew corruption no matter how they are roped in beautiful garments.
Worried by the way and manner judges are castigated, Ozekhome said the judiciary must rescue itself to avoid perception of holding its sway.
According to him, the time has now come for Judges to form an association so that, they can defend themselves in some of the unfounded allegations leveled against them.
In his welcome address, the chairman of the judiciary correspondents, Abuja chapter, Mr Kayode Lawal said, the Supreme Court judgment on Local government financial autonomy was incisive and well-researched and has brought a new lease of life to the third tier of government in the country.
The NAJUC chairman said, the theme of the conference, along with other sub-themes, were carefully chosen as Nigerians are expecting a turnaround from the outcome of the Supreme Court judgment.
He lamented the ugly trend of conflicting judgments and orders on virtually the same issues and same parties by courts of coordinate jurisdictions and added that it is worrisome, sad, and regrettable that the ugly development has continued unhindered despite warnings from several quarters.
“More worrisome is the fact that there is the general perception that public confidence in the nation’s justice delivery has continued to wane in view of some untoward conduct of lawyers and judges.
The general belief has, however, been that genuine radical steps have to be taken to reverse the ugly trend and called on the current leadership of the Nigerian Bar Association (NBA) under Mazi Afam Osigwe, SAN, to look at the direction of sanitising the practice of law in the country, adding that, the roles of the judiciary are so sensitive that the institution must not be allowed to be polluted.
