By David Torough, Abuja

The Supreme Court yesterday, ordered the Governors of the 36 States of the Federation, to within seven days, enter their defence to the suit the Federal Government filed to secure full autonomy for the 774 Local Government Areas (LGAs).

The order followed an application that FG, through the Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, for accelerated hearing of the matter and for the abridgment of the time allowed for all state governors to file their response to the suit.

In its ruling, a seven-man panel of the apex court led by Justice Garba Lawal, said the AGF should upon receipt of the processes containing defence of the governors, respond to it within two days.

The panel fixed June 13 to commence full-blown hearing of the matter.

Meanwhile, the Chairman of the body of Attorneys General of the States, Mr. Ben Odoh, who is the Attorney General of Ebonyi State, was present during the proceeding.

Mr. Odoh told the apex court that he was not opposed to the request for the abridgment of the hearing date.

However, he requested for the respondents to be allowed to file their defence to the matter, within 15 days.

While declining to extend the time for the respondents, Justice Lawal said the decision of the apex court was hinged on the fact that the matter is of utmost national importance as well as the urgency of the case.

The court directed that filing of all processes and exchanging of same must be completed before the next adjourned date.

Those that had no legal representation even though they were served with the hearing notice were the Attorneys General of Borno, Kano, Kogi, Niger, Ogun, Osun, Oyo and Sokoto states.

The Justice Lawal-led panel orders that they should be served with a fresh hearing notice to enable them to attend the next sitting.

FG had in the suit marked SC/CV/343/2024, prayed the Supreme Court to okay full autonomy for all the LGAs in the country as the third tier of government.

It prayed the court to issue an order, prohibiting state governors from embarking on unilateral, arbitrary and unlawful dissolution of democratically elected local government leaders.

As well as for an order permitting the funds standing in the credits of local governments to be directly channeled to them from the Federation Account in line with the provisions of the Constitution as against the alleged unlawful joint accounts created by governors.

Besides, FG, prayed the Supreme Court for an order, stopping governors from further constituting Caretaker Committees to run the affairs of local governments as against the Constitutionally recognized and guaranteed democratic system.

It equally applied for an order of injunction, restraining the governors, their agents and privies, from receiving, spending or tampering with funds released from the Federation Account for the benefits of local governments when no democratically elected local government system is put in place in the states.Governors of the 36 States were sued through their respective Attorneys General.

From Attah Ede,Makurdi

A State High Court sitting in Makurdi, the Benue State capital, on Wednesday restrained the Commission of inquiry into the funds (income and expenditure) of Benue State Government from May 29th, 2015 to May 28, 2023, from sitting, pending the hearing and determination of a motion on notice filed by former Governor Samuel Ortom.

Justice T.

T Asua gave the order while ruling on a motion ex-parte seeking leave of court to issue the prerogative writ of Prohibition on the Benue State income and expenditure commission of inquiry  from sitting or taking any action in respect of the terms of reference, paragraph 3(a)-(o),listed in the Benue State of Nigeria Gazette No. 17,Vol.49 of 27th February, 2024, by the Governor of Benue State.

Counsel to Chief Ortom, Oba Maduabuchi, SAN, told the court that the grounds of the application are that, the Auditor General is imbued with powers under the 1999 Constitution(as amended) to investigate and probe the finances of the state.

According to Ortom’s counsel, the Auditor General had already investigated, probed, audited and certified the accounts of the Benue State Government and had submitted his reports to the Benue State House of Assembly as authorized by the 1999 constitution(as amended).

He stated that the Benue State House of Assembly has also acted on the said report of the Auditor General, as also authorized by the constitution and all the terms of reference listed in paragraph 3(a)-(o)of the Benue State Gazette No. 17,Vol.49 of 27th February, 2024, have already been investigated and probed by the Auditor General, who wrote reports and submitted to the State Assembly, which also acted same.

He further stated that the said report of the Auditor General was published in several Benue State Gazettes, which are public documents.

According to Maduabuchi, SAN, in view of the above facts, the Governor of Benue State lacks the powers to constitute the income and expenditure commission and the Commission lacks the jurisdiction to sit and investigate matters listed as items in the gazette and the action of the governor constitute a gross abuse of office and vendetta.

After listening to Maduabuchi, SAN, Justice Justice T. T Asua, granted the motion as prayed.

He stated that the applicant has shown sufficient interest in the matter to warrant a grant of the leave sought.

He added that the motion of notice shall be entered for hearing within 14 days  after the grant of leave, pursuant to Order 40,Rule 5(4) of the Rules of the Court and further restrained the commission of Inquiry from taking or further steps in respect of the matter to which the application relates until the motion on notice is heard and determined.

It will be recalled that in February this year, Governor Hyacinth Alia of Benue state set up two separate panels to probe the management of the state’s finances and assets under the immediate past administration of Chief Samuel Ortom.

Gov. Hyacinth Alia of Benue has signed an Executive Order establishing the Department of Public Order in the Ministry of Justice to coordinate government policies and matters relating to public order.

Performing the ceremony on Friday in Makurdi, Alia said the order was in pursuant of section 14 sub-section (2) of the 1999 constitution and section 10 of the Public Order Act, CAP 382 of the Federal Republic of Nigeria.

He said he inherited a state characterised by widespread criminality and political violence such as kidnappings, murders, intimidation against targeted groups or individuals leading to emergence of local war lords and militia groups.

Represented by the Deputy Governor, Sam Ode, Alia said that those who breach the public rules would pay fines between N20,000 and N500,000 or be imprisoned, depending on the gravity of the offence.

He said the order prohibits all acts of violence, disobedience, lawlessness, and called for strict adherence to it.

“Apart from the grave state of insecurity highlighted above, my administration inherited indiscipline and disorderly public conducts which had been accepted by many citizens as norms, rather than aberrations.

“Incidences of disobedience to traffic light, wrong parking of cars, indiscriminate disposal of waste, loitering at late hour, will all attract penalties,” he said

Justifying the signing of the executive order, Alia said the act was to assist in maintaining law and order in the state.

He said the state was facing several security issues and needed to adopt her own measures in collaboration with security agencies and stakeholders to have a peaceful and harmonious home for all.

“Public order, as you know, is no doubt within the domain of the security agencies and law enforcement agencies which make up the criminal justice system in our country,” he pointed out.

Alia said the executive order reaffirms government’s stand against crime and against disorder.

”We are sending a clear message to those who seek to destroy the peace and harmony of our state.

“We will not tolerate violence, vandalismand any form criminal behaviour in the State,” he warned.

He announced the establishment of a Public Order Advisory Committee with the mandate to advise government on policies, restoration, attainment, preservation and maintenance of Public Order and safety in the state.

He said a Public Order Committee had been established to operate in all the local government areas by collaborating with the advisory committee and other stakeholders for the enforcement of the prescribed public order laws.

Earlier, the State Attorney General and Commissioner for Justice and Public Order, Mr Fidelis Mnyim, had said that all over the world, there is a law where there is order.

Mnyim explained that the observance of law always go together with public order which is the core responsibility of all governments.

“The duty and responsibility of government is for the protection of lives and property which manifests by way of observance of law and order.

“Section 10 of the public order act has permitted the governor to make such orders.

”Some of the issues that you may see in the public order are in the realm of morality, but, like I said, the section has permitted the governor to do that,” he said.

NAN reports that the order also prohibited extorting money from developers, building on water channels or structures, kiosks, shanties on the right of way, hawking or selling of goods of any kind by the road side.

NAN also reports that the order also prohibits farming on empty unfenced plots of land or in front of any premises or on the street, or by the road side within urban areas.

It also forbids farming on undeveloped areas of Government Offices, Quarters or reserved areas.

It said rallies, wakes and other forms of public gatherings should not hold beyond the hours of 10:pm.

It insisted that any person or group wishing to hold gathering beyond 10 p.m. must seek and obtain permit from the Department of Public Order at the Ministry of Justice.(NAN)