AGF Fagbemi explains impact of Supreme Court ruling on local govt autonomy

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has asserted that the Supreme Court’s recent landmark decision granting full financial autonomy to Nigeria’s 774 local governments will enhance local governance, security, and human rights.
Fagbemi made this statement on Thursday in Abuja during the 17th anniversary celebration of the Human Rights Writers Association of Nigeria (HURIWA).
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He pointed out that local governments are the closest to the grassroots but had been under the tight control of state governors for the past two decades. He lamented that this control had paralyzed the functioning of these councils, with previous efforts to address the issue failing.
Expressing his satisfaction that President Bola Tinubu’s administration took decisive action to rectify this, Fagbemi said, “This administration, under the leadership of President Bola Ahmed Tinubu, being conscious of the linkage of governance with security and human rights, took the bold decision to approach the Supreme Court of Nigeria on this issue and that singular judgment of the apex court would not only improve governance at the local government level but would also significantly improve security and access to human rights.”
He emphasized the importance of the intersection of governance, security, and human rights for societal progress, stating, “The intersection of governance, security, and human rights is crucial to the well-being and progress of any society. It is imperative that we explore these connections to understand how we can better serve our citizens and protect their fundamental rights.”
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Fagbemi underscored that effective governance requires collaboration among all three branches of government, noting that poor governance can lead to rights erosion and injustice. He also highlighted the judiciary’s role and the recent passage of the Minimum Wage Bill as indicators that improved local governance could address underlying issues like poverty and unemployment, which contribute to insecurity.
He said, “Without security, the enjoyment of rights such as freedom of movement, expression, and association becomes impossible. However, security measures must always be balanced with the need to respect and protect human rights. Excessive use of force, arbitrary detentions, and other abuses undermine the very foundation of our democratic principles.”
The Attorney General also cautioned law enforcement agents against holding individuals in detention beyond the time allowed by the Constitution. He warned that any breach of these regulations would result in penalties, stating, “I wish to remind our law enforcement agents that they must respect the laws of the land and not keep people in detention beyond a reasonable time as stipulated in Section 35 of the Constitution of the Federal Republic of Nigeria 1999. Law enforcement agents must do their due diligence before arresting anyone. Situations where people are languishing in detention beyond the time allowed under the Constitution or by order of the courts, will no longer be tolerated and appropriate sanctions shall be meted out to those found guilty of contravening the laws of the land.”
Fagbemi emphasized his commitment as the chief law officer to protect individual rights and ensure justice. He announced the establishment of a Department of Citizens Rights within the Federal Ministry of Justice to handle complaints effectively.
He also noted recent advancements such as the 2024-2025 Strategic Action Plan by the Administration of Criminal Justice Monitoring Committee and the official signing of the Practice Direction and Guidelines on Remanding Proceedings by Chief Judge of the FCT High Court, Justice Husseini Baba Yusuf.
Fagbemi concluded, “I am particularly delighted, as these groundbreaking feats towards refining the remand system underscore our dedication to ensuring that the rights of suspects are protected and that justice is administered without unnecessary delays. It is in this same spirit that President Bola Ahmed Tinubu exempted the Board of the National Human Rights Commission when he dissolved the Governing Board of all Federal Government agencies.”
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