Ondo Challenges AGF’s Supreme Court Case on Local Government Autonomy
The Ondo State government has raised objections to the suit brought before the Supreme Court by the Attorney General of the Federation (AGF) regarding local government autonomy. In a preliminary objection filed by the state’s Attorney General and Commissioner for Justice, Olukayode Ajulo (SAN), Ondo State contends that the AGF lacks the constitutional authority to challenge the way states manage their local governments or use their funds.
Ondo State argues that only the National Assembly or the respective state House of Assembly has the right to oversee local government administration and fund allocation. The state describes the federal government as overreaching in matters of local government administration and asserts that the Supreme Court does not have jurisdiction to hear this case. Ondo State further claims that there is no existing dispute between the federal government and the 36 states that would justify the Supreme Court’s intervention under Section 232(1) of the Constitution.
As the 28th defendant in the case, Ondo State requests that the Supreme Court dismiss the case due to lack of jurisdiction. The state also challenges several statements in the plaintiff’s affidavit, urging the court to strike them out for violating Section 115 of the Evidence Act 2011 (as amended).
Ondo State maintains that the Supreme Court cannot hear this suit, arguing that it violates Section 232(1) of the 1999 Constitution (as amended), Section 1(1)(a) of the Supreme Court (Additional Jurisdiction) Act No. 3, 2002, and Order 3 Rule 6(1) of the Supreme Court Rules (as amended 2014). According to these provisions, only disputes involving questions of law or fact affecting the legal rights of the federation or states fall under the Supreme Court’s original jurisdiction.
The state also argues that the funds in question belong to the local government councils, a distinct tier of government, and not the federal government. Section 162 of the Constitution outlines that the funds in the Federation Account should be allocated among the federal, state, and local governments as prescribed by the National Assembly, without the plaintiff’s discretion.
Ondo State emphasizes that local government councils are established and administered by state laws, as provided under Sections 7(1) and 162(8) of the Constitution. The state’s House of Assembly has enacted laws governing local government administration, and the federal government has no role in this process.
The state concludes that the plaintiff has no legitimate interest in the allocation and distribution of local government funds and that any disputes regarding these funds should be resolved by the National Assembly. Ondo State views the suit as an interference with state responsibilities and an abuse of the judicial process, urging the Supreme Court to reject the case to uphold the principles of federalism and separation of powers.
