You can’t overrule Supreme Court on LG autonomy – Klinsmann tells Soludo

Pharm. Klinsmann’s plea follows the controversial signing of the Anambra Local Government Administration Law 2024, which many legal and policy experts, including Pharm. Klinsmann, have criticized it as a direct affront to the autonomy of local governments affirmed by the Supreme Court.

In a press statement issued today, Klinsmann cautioned that if Governor Soludo’s actions are allowed to stand, it could create a dangerous precedent that other state governors may follow, undermining the progress made by the Federal Government and the Supreme Court in granting full autonomy to the 774 local government areas in Nigeria. “If Soludo’s scheme succeeds, we will be back to square one, and local governments will once again fall under the stranglehold of state governors,” Klinsmann asserted.

The APC Chieftain call on Nigerians to rise up with their full force to resist any governor attempting to undermine the autonomy of LGs. He warned that such attempts must be met with unwavering opposition. “Any governor who seeks to contravene the Supreme Court’s judgment on LG autonomy is an enemy of the people, and should be treated as such,” Klinsmann urged.

Pharm. Klinsmann reiterated that LG autonomy is one of the most critical issues facing the nation, one that directly impacts grassroots development and the everyday lives of citizens. He argued that it is on issues like this that Nigerians should be ready to protest en masse, even at the risk of their lives, because the autonomy of LGs is where a significant solution to Nigeria’s developmental problems lies.

He reminded Prof. Soludo that no matter how “clever” his argument may appear, the Supreme Court’s judgment is final and binding. “The July 2024 judgment, delivered by Justice Emmanuel Agim, categorically affirmed that local governments must receive their allocations directly from the Accountant-General of the Federation, without any interference from state governments. The Court’s decision rendered the longstanding practice of state governments withholding or controlling LG funds via joint accounts as illegal and unconstitutional,” stated Klinsmann.

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Klinsmann emphasized that no state law, including the recently enacted Anambra Local Government Administration Law 2024, can override the judgment of the Supreme Court. He described Soludo’s law as “ultra vires” and a clear violation of the Supreme Court’s ruling. “Soludo’s action is nothing short of impunity. It is a calculated attempt to weaken the financial independence of Anambra’s local governments, and it must be resisted at all costs,” he said.

Pharm. Klinsmann elaborated on the far-reaching implications of the Supreme Court’s July 2024 ruling, which declared the financial autonomy of local governments. The Court, according to Klinsmann, held that state governors can no longer receive or control funds allocated to local governments, and that the joint state-local government accounts, previously used by governors to siphon off LG funds, are now null and void. “Justice Agim, delivering the lead judgment, affirmed that direct allocation of funds to local governments is essential for promoting justice, efficiency, and accountability in local governance,” he noted.

The APC chieftain further stated that the Supreme Court also declared the appointment of caretaker committees by state governors to run LGs as unconstitutional, null, and void. The ruling reaffirmed that local governments must be administered by democratically elected officials, not political appointees who serve at the pleasure of governors.