The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe, SAN, has called on all state governors who have not complied with Supreme Court rulings to immediately allow local governments access to their statutory funds, warning that failure to do so undermines democracy and the rule of law.
The Daily Crucible reports that the Supreme Court of Nigeria had in a landmark July 11, 2024 ruling affirmed the financial autonomy of the Nigeria’s 774 local government areas (LGAs).
The Supreme Court ordered that statutory allocations meant for the LGAs must be paid directly into council accounts, bypassing state-controlled Joint State-LG accounts. The judgment also abolished caretaker committees and declared that only democratically elected councils are entitled to receive allocations from the Federation Account.
The order barred state governors and the FCT Minister from withholding, managing or controlling these funds, emphasizing that the constitutional independence of LGAs must be respected to ensure proper governance and service delivery at the grassroots level.
Despite repeated calls from President Bola Tinubu, his immediate predecessor and other quarters, many state governors have failed to comply with the judgment, continuing to channel LGA funds through state-controlled accounts.
However, speaking on Tuesday in an exclusive interview on Frontline, a current and public affairs programme on Eagle 102.5 FM, Ilese Ijebu, Osigwe described the obstruction of local government autonomy as symptomatic of a deeper issue in Nigeria’s governance: the widespread disregard for legal and constitutional obligations.
On the stalling of local government access to funds, Osigwe said:
“If the law says pay it into the accounts of the local government, and the Supreme Court has now said pay it directly to them, and nobody is respecting it, it speaks volumes about our attitude to governance, and our attitude to judicial pronouncements. The federal government has a duty, the Attorney General of the President has a duty to enforce it.”
He criticized state governors who resist court decisions, highlighting the political and financial interests often at play. “Our problem is our penchant for disobeying laws, for acting as if the laws are not binding on us, especially when we have executive powers. Acting as if laws are meant for the weak and the poor, while those in power disregard them, is what prevents progress.”
Constitution: It Works if Citizens and Leaders Respect It
Osigwe, the 32nd President of the NBA expanded on the broader constitutional challenges in Nigeria, arguing that laws fail not because they are poorly written, but because of attitude.
“Laws do not enforce themselves. The efficacy of any law depends on the operator, the attitude of the people, and the attitude of judicial officers who are saddled with the responsibility of applying it. You can make the best constitutions, but if you don’t have the best of attitudes towards it, the constitution will not work.”
According to him, even the best-written constitutions will fail if there is no commitment to uphold them.
The efficacy otherwise of any law depends on the operator, depends on the attitude of the people, and also on the attitude of the judicial officers who are saddled with the responsibility of operating it. And then the members of the executive who are saddled with the responsibility of executing and enforcing the provisions of the law. You can make the best constitutions, but if you don’t have the best of attitudes towards it, the constitution will not work.
He further explained that, in Nigeria, the constitution contains extensive provisions covering a wide range of circumstances. However, its success relies on how citizens and politicians engage with it, how they approach governance, and the collective responsibility of Nigerians to protect and ensure the constitution functions as intended. These human factors, he argued, are what ultimately make a constitution work.
“So when you talk about Nigeria, the constitution has made copious provisions about different situations and circumstances. It depends on us to know how best to put this constitution to use to build a nation, and the attitude of the people, and how politicians approach it, and how Nigerians view it, and how we view Nigeria as a collective entity in which we all have an interest in protecting and ensuring that it works. These are factors that make a constitution work.”
He added that even a constitution inherited from military regimes, such as the 1999 Constitution, has sufficient provisions to guide governance:
“Whether you overhaul this constitution and bring a new one, which in any case will reproduce most of the provisions we have in the current world, and the operators still will not respect it, will not obey it, and will not do allegiance to the constitution, no constitution you pass will work. It’s not about what constitution you have, it’s about our attitude towards that constitution.”
“For example, the constitution has said in section 14-2 that the welfare and security of the people would be the primary aim of government. How government at the local, government, state, and federal level enforce this part of it will go a long way in ensuring the safety of the people and how the society works. So it is not the law.”
Judicial Independence: Enforcement is Key
On the recent controversy involving Chief Judge of the Federal High Court Justice John Terhemba Tsoho and the Code of Conduct Bureau, Osigwe stressed the importance of judicial independence:
Recall that the Nigeria’s Code of Conduct Bureau (CCB) has summoned the Chief Judge of the Federal High Court, John Tsoho, following a PREMIUM TIMES investigation that revealed he failed to declare several bank accounts in his asset declaration form, in violation of the country’s Code of Conduct law.
“Being a judicial officer, he must first be subjected to some hearing by the National Judicial Council (NJC) before he could be prosecuted. Allowing an executive body to investigate him directly violates the independence of the judiciary.”
He also called for modernization of asset declarations for judicial officers:
“There should be an electronic record of all declarations so that officers can update any newly acquired assets digitally. The current paper-based system invites inefficiency and potential intimidation.”
Electoral Reform: Good Laws Require Proper Application
On the recently signed Electoral Act 2026, Osigwe noted both progress and shortcomings:
“The amendments lost an opportunity to strengthen our electoral process and improve public confidence, particularly regarding the monetary upload of election results. Good laws do not make good outcomes; it is the human beings who apply the law that bring about good outcomes. How political players behave will determine the next election, not the state of the law. Post-2023, the courts held that IREV is merely a viewing portal, not a collation platform. Nigeria could have taken inspiration from the Kenya model where the mode of transmission is part of the law.”
He highlighted improvements such as the reduction of the timeline for INEC to access funds, while noting ambiguities that could affect implementation.
He acknowledged certain improvements, including the reduction of the timeline for INEC to access funds from 12 months to six months, but highlighted ambiguities regarding network failures and identification requirements. “Good laws do not make good outcomes; it is the human beings who apply the law that bring about good outcomes. How political players behave will determine the next election, not the state of the law.”
Regarding the role of the judiciary in electoral disputes, Osigwe emphasized that courts are primarily arbiters when disputes arise, rather than active participants in the collation or declaration of results. He cautioned against misconceptions that the courts should replace INEC as the “umpire” of elections, clarifying that the judiciary’s role is to resolve disputes based on facts presented after the electoral process, including certified copies of court judgments that may serve as certificates of return in certain situations.
On court judgments serving as a certificate of return, he added:
“If the law says if the court gives you a judgment, then you do not need a certificate of return, me and you arguing it will not change it. If people feel uncomfortable with it, they should sponsor an amendment. But as it stands, the law should be respected.”
Police Reform: Technology, Professionalism, and Trust
Osigwe responded to concerns about police inefficiency, advocating for a modernized crime reporting system:
“The police must build a crime database, conduct forensic analysis, and automate incident reports. Every citizen should be able to report crime, and police should be able to track and investigate efficiently. This is how crime is prevented worldwide.”
On the new Inspector General of Police, he said:
“I will ask the new IGP to focus on professionalizing the police, ensuring no impunity, emphasizing technology, and improving investigative models. Minor incidents should be handled at the local level. Promotion should be based on merit, not favoritism. Channels of communication must be open so the public can report crimes and trust the system.”
State Police: Checks and Safeguards are Essential
On the debate over state police, Osigwe expressed cautious support:
“Our current security situation has made it imperative that the unitary system of police administration may no longer suffice. State police may be the way forward, but safeguards must be put in place to prevent governors from using them to terrorize the populace. Checks and balances are critical to ensure the safety of citizens and opposition parties.”
Osigwe concluded by reiterating that constitutional and legal compliance is essential for democracy:
“Our constitution, our laws, and our institutions can work if we allow them to work. Respect for the rule of law, compliance with judicial pronouncements, and proper application of regulations by authorities are what will determine Nigeria’s progress. I call on all governors who have not complied with Supreme Court decisions to allow local governments access to their funds so that democracy can function as intended.”
