Autonomy: Loot LG treasury, go to jail, AGF tells council bosses

For the umpteenth time, the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN) has warned local government chairmen across Nigeria against any form of looting or mismanagement of public funds.

Fagbemi, who spoke Thursday in Abuja at the 2024 annual conference of the National Association of Judicial Correspondents (NAJUC), harped on accountability and good governance, saying tampering with local government funds would henceforth attract severe legal consequences, including imprisonment.

The conference, themed, “The Role of Courts in Enforcement of Judgments,” had a constitutional lawyer and human rights activist, Professor Mike Ozekhome (SAN), as keynote speaker whose paper centred on “The Role of Courts in Enforcement of Judgments”.

…Fagbemi’s charges to LG bosses

The AGF, in his speech, further noted that the autonomy granted the local government councils by the Supreme Court was designed to empower them to effectively  fulfil their responsibilities.

He, however,  expressed concern that some local government officials might misuse this freedom for personal gain, adding: “If they choose to tamper with public funds and fail to deliver on their constitutional mandates, they risk going to jail because trust placed in them must not be betrayed.”

“If any LG Chairman loots the LG funds, then he should be ready to face the consequences which include going to jail,” he added.

While further highlighting critical role local governments play in delivering grassroots development, the AGF urged council chairmen and other officials to prioritise their constitutional duties.

“Primary education must be accessible to every child. Pregnant women and infants must receive quality healthcare, and the vulnerable in our society must benefit from sustainable welfare programmes,” he stated.

Fagbemi also decried actions by some state governments that undermine local government autonomy, reminding them of the Supreme Court’s rulings mandating financial and administrative independence for local governments.

The AGF also criticised states attempting to bypass these rulings through questionable legislation, insisting that “any debt incurred by local governments must align with their constitutional functions. Projects like building airports, which are outside their scope, will not be tolerated.”

Fagbemi commended President Bola Ahmed Tinubu administration for its commitment towards strengthening governance structures at all levels, urging local government officials to embrace transparency, and that the era of impunity was over.

The AGF then enjoined the media to ensure accurate and responsible reportage of issues related to governance and judicial proceedings.

“Good governance is a collaborative effort, and every tier of government must be held accountable,” he added.

…Ozekhome cautions

In his keynote address, a constitutional lawyer, Mr. Ozekhome declared judiciary as an institution that holds the balance of scale, adding: “If you remove judiciary from Nigeria, the country will collapse like a pack of cards.”

The judiciary, he noted, “must rescue itself from itself by eschewing corruption in whatever guise, however beautifully robed so that when some of us are defending judiciary, we would be doing that on a right footing.”

He noted with dismay the award of cost against lawyers by some Judges, urging them to check the trends, just as he cautioned judges against hobnobbing with politicians.

The silk added: “Judges should stop inviting politically exposed persons to their parties because it is not good for their images. It is better to celebrate such feats with colleague judges, lawyers and family.

“Lawyers should stop corrupting Judges as without a giver, there cannot be a taker. I am saying this because I have never appeared before any judge to seek help in respect of any matter. Rather, I will fight my case up to the appellate or apex court.

“So, as a lawyer, stand before court frontally to argue your case and not by writing petitions to smear judges’ reputations after losing out.”

While appealing to Judges to allow lawyers argue their cases based on merit, he charged the court to employ enforcement mechanism so that while the winning party collects what is due them, losers too would comply.

…CJN’s remarks

Also speaking, the Chief Justice of Nigeria (CJN),  Justice Kudirat Kekere-Ekun, described the media and judiciary as critical to the development of the society.

Represented by the Secretary National Judiciary Institute (NJI), Mr Olumoh Abdulazeez, Esq, the CJN said: “The judiciary and the media occupy unique and complementary roles in any democratic society. While the judiciary serves as the guardian of justice, equity, and the rule of law, the media acts as the conscience of society, disseminating information, shaping public opinion, and ensuring accountability.

“Together, these institutions provide checks and balances that strengthen the fabric of democracy. As Felix Frankfurter, a former United States Supreme Court Justice, aptly stated, “A free press is not to be preferred to an independent judiciary, nor an independent judiciary to a free press. Neither has primacy over the other; both are indispensable to a free society.”

Continuing, the CJN added: “This dynamic interdependence between the judiciary and the media presents opportunities and challenges alike. While the media is entrusted with the responsibility of informing the public about judicial activities, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work.

“However, the inherent power of the media to influence public opinion requires careful management, especially when its focus turns to judicial proceedings.

“The media’s capacity to shape narratives and perceptions is undeniable.

“As Jim Morrison once remarked, ‘Whoever controls the media controls the mind’. This underscores the immense responsibility placed on journalists to report truthfully, fairly, and objectively. Unfortunately, the commercialization of news and external influences have led to the rise of sensationalism-a practice that distorts facts, erodes trust, and undermines the very essence of journalism.

“Sensationalized headlines, such as the infamous 2016 headline, ‘We raided the houses of ‘corrupt, unholy’ judges, says DSS’, can paint a skewed picture of the judiciary and its officers. Such reporting, often devoid of context, compromises the integrity of the justice system and misleads the public.”

Speaking further, Kekere-Ekun said: “Closely tied to this is the issue of “trial by media,” where premature and often biased media narratives prejudge cases and infringe on the constitutional rights of individuals.

“A classic example is the United States case of Sheppard v. Maxwell (1954), where extensive media coverage not only prejudiced the trial but also compelled the U.S. Supreme Court to overturn the conviction due to the denial of a fair trial.

“This case highlights the profound implications of media interference in judicial processes and underscores the need for journalists to uphold the principles of fairness and impartiality.

“As Mahatma Gandhi rightly observed, ‘The sole aim of journalism should be service’. It is imperative for media practitioners to remain steadfast in their commitment to truth and objectivity.

“To this end, the National Association of Judiciary Correspondents must take proactive steps to regulate the activities of its members, ensuring compliance with ethical standards and adopting measures to address violations. This is not merely about enforcing rules but about fostering professionalism and safeguarding the credibility of the media.”

…NAJUC chair remarks

Earlier in his welcome address, Chairman National Association of Judiciary Correspondents (NAJUC), Mr Kayode Lawal, congratulated the AGF and rural dwellers on the outcome of the judgment of the Supreme Court, noting that the end result would be beneficial and return development to the third tier of government in this country.

He said: “The theme, along with other sub-themes, were carefully chosen in view of fact that at the moment, Nigerians are expecting a turnaround from the outcome of our Supreme Court judgment.”