….Says Rule of Law, Not New Constitution, Key to Nigeria’s Progress
The President of the Nigerian Bar Association (NBA), Mazi Afam Osigwe (SAN), has called on state governors yet to comply with the Supreme Court’s ruling on local government financial autonomy to immediately grant councils access to their statutory allocations, warning that continued defiance threatens Nigeria’s democracy.
Osigwe made the call during an appearance on Frontline, a public affairs programme on Eagle 102.5 FM, Ilese Ijebu, where he described the obstruction of local government funds as a symptom of a deeper governance crisis — the persistent disregard for constitutional and judicial authority.
On July 11, 2024, the Supreme Court of Nigeria delivered a landmark judgment affirming the financial autonomy of all 774 Local Government Areas (LGAs), directing that allocations from the Federation Account be paid directly to them. The court ruled that state governors and the Minister of the Federal Capital Territory lack constitutional authority to withhold or control such funds.
Despite repeated appeals by President Bola Tinubu and other stakeholders, several states have yet to fully implement the ruling, continuing to channel LGA allocations through state-controlled accounts.
Reacting to the development, Osigwe said failure to comply with the apex court’s decision reflects a troubling attitude toward governance and the rule of law.
“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 judicial pronouncements,” he said. “The federal government and the Attorney General have a duty to enforce it.”
He accused some political office holders of acting as though laws were optional for those in power.
“Our problem is our penchant for disobeying laws — acting as if laws are meant for the weak and the poor, while those in authority disregard them. That is what prevents progress,” he added.
Constitution Works Only When Respected
Osigwe, the 32nd NBA President, argued that Nigeria’s governance challenges are less about constitutional deficiencies and more about the failure of leaders and citizens to uphold existing provisions.
“Laws do not enforce themselves. The efficacy of any law depends on the operator — the attitude of the people, judicial officers, and members of the executive responsible for enforcement,” he said.
According to him, even the best-drafted constitution would fail if those entrusted with its implementation lack commitment.
“Whether you overhaul this constitution and bring a new one, if the operators will not respect it or do allegiance to it, no constitution will work. It is not about what constitution you have; it is about our attitude towards that constitution,” he stressed.
He cited Section 14(2) of the 1999 Constitution, which provides that the welfare and security of the people shall be the primary purpose of government, noting that effective implementation at federal, state, and local levels would significantly improve governance outcomes.
Judicial Independence and Due Process
On the controversy surrounding the Chief Judge of the Federal High Court, Justice John Tsoho, who was summoned by the Code of Conduct Bureau over alleged asset declaration infractions, Osigwe emphasized the need to protect judicial independence.
He insisted that any investigation involving a serving judicial officer must first be handled by the National Judicial Council (NJC), in line with constitutional safeguards.
“Allowing an executive body to investigate a judicial officer directly, without recourse to the NJC, undermines judicial independence,” he said.
Osigwe also advocated the digitalization of asset declaration processes to enhance transparency and efficiency, arguing that a paper-based system is prone to errors and possible misuse.
Electoral Reform: Application Over Amendments
Commenting on the Electoral Act 2026, Osigwe acknowledged certain improvements, including the reduction of the timeline for the Independent National Electoral Commission (INEC) to access funds from 12 months to six months before elections.
However, he lamented what he described as missed opportunities to strengthen electronic transmission of results and boost public confidence in the electoral process.
“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,” he said.
He clarified that the judiciary’s role in elections is limited to resolving disputes based on evidence presented before it and not acting as a substitute for the electoral umpire.
“If the law says a court judgment can serve as a certificate of return, arguing about it will not change it. If people are uncomfortable, they should sponsor an amendment. But as it stands, the law must be respected,” he stated.
Police Reform and State Policing Debate
On policing, Osigwe called for the modernization of law enforcement through technology-driven crime databases, forensic capacity, and automated reporting systems to improve efficiency and public trust.
He urged the new Inspector-General of Police to focus on professionalism, merit-based promotion, and eliminating impunity within the force.
Addressing the debate on state police, he expressed cautious support, noting that Nigeria’s evolving security challenges may require decentralized policing structures.
“State police may be the way forward, but safeguards must be in place to prevent abuse by governors. Checks and balances are critical to protect citizens and opposition parties,” he said.
‘Allow Institutions to Work’
Osigwe concluded by reiterating that Nigeria’s progress hinges on strict adherence to constitutional provisions and judicial pronouncements.
“Our constitution, our laws, and our institutions can work if we allow them to work. Respect for the rule of law and compliance with court decisions are essential for democracy to function as intended,” he said.
He again urged governors yet to comply with the Supreme Court’s ruling to immediately release local government funds, stressing that grassroots governance cannot thrive without financial autonomy.
