AGF Fagbemi condemns Governors’ illegal takeover of LGs, says it’s treasonable offense

The Attorney General of the Federation (AGF) and Minister for Justice, Lateef Fagbemi, has strongly condemned the unconstitutional dissolution and takeover of local government administration by state governors, declaring it a treasonable offense.

Fagbemi’s stance was made clear on Wednesday during the opening ceremony of an event organized by the Nigerian Bar Association (NBA) in Abuja.

 Represented by Tijani Gazali, the Director of Civil Appeals in the Ministry of Justice, the AGF criticized the continuous disregard of constitutional provisions and Supreme Court rulings by some state governors and legislatures, who dissolve elected local government councils without due process.

Legal experts argue that the dissolution of elected local government councils without adherence to constitutional guidelines is a direct violation of the Nigerian Constitution.

According to Section 7(1) of the 1999 Constitution (as amended), “The system of local government by democratically elected local government councils is under this Constitution guaranteed.”

The Supreme Court has also upheld rulings reinforcing this constitutional provision, yet several governors persist in flouting the law.

Senior Advocate of Nigeria (SAN) and constitutional lawyer, Femi Falana, weighed in on the matter, stating, “The continuous dissolution of elected local government councils by governors amounts to an abuse of power and direct subversion of democracy at the grassroots level.

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The Supreme Court has made it clear that this act is illegal, yet enforcement remains weak.”

AGF Fagbemi did not hold back in his criticism of state Attorneys General and Commissioners for Justice, accusing them of failing to provide sound legal advice to their governors.

He argued that their inaction contributes to the constitutional breaches. “State legal officers have a duty to guide their governors in adhering to the rule of law, but instead, many of them remain complicit in these illegal actions,” he said.

Former Attorney General of Ekiti State, Olawale Fapohunda, echoed this sentiment, stating that state legal officers often prioritize political loyalty over legal integrity. “

The role of an Attorney General is to ensure that laws are upheld, even if it means standing against the governor’s decisions. Unfortunately, many state legal officers fail in this duty due to political pressure,” he added.

In light of the continued infractions, Fagbemi has called for stringent penalties against governors who arbitrarily dissolve local government councils.

Legal analysts suggest that classifying such acts as a treasonable offense could serve as a deterrent, ensuring that governors respect constitutional provisions.

Political analyst Dr. Jide Ojo noted that “if governors face severe legal consequences, including impeachment and possible prosecution, it could put an end to this unlawful trend.”

The illegal dissolution of local governments weakens democracy and governance at the grassroots level, depriving citizens of representation and essential services.

As the debate over local government autonomy continues, legal and political experts insist that a more robust enforcement mechanism is needed to ensure compliance with the constitution.

The Nigerian Bar Association (NBA), civil society organizations, and other legal advocacy groups are expected to push for stronger enforcement mechanisms, ensuring that governors who engage in such unconstitutional acts face the full weight of the law.

As the federal government takes a firm stance against this constitutional violation, all eyes are on the state governors and whether they will align with democratic principles or continue to challenge the supremacy of the law.