Loot & mismanage public funds and go to jail– Attorney General of the federation warns LGA chairmen & councillors

The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi
The Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has issued a stern warning to the 774 local government chairmen across Nigeria, cautioning them against mismanaging public funds.

Fagbemi, a guest speaker at the 2024 annual conference of the National Association of Correspondents (NAJUC), Abuja, on Thursday, stressed the importance of accountability and good governance, stressing that tampering with local government funds would attract severe legal consequences, including imprisonment.

According to the AGF, any governor who tampers with the funds belonging to their state’s local government areas will be guilty of gross misconduct, which is an impeachable offense.

Fagbemi, while highlighting the critical role local governments play in delivering grassroots development, urged council chairmen and other officials to prioritize 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 programs,” he stated.

The AGF noted that the autonomy granted to local governments by the Supreme Court was designed to empower them to fulfill these responsibilities effectively.

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

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Fagbemi also decried actions by some state governments that undermine local government autonomy.

He referenced the Supreme Court’s rulings mandating financial and administrative independence for local governments, criticizing states that attempt to bypass these rulings through questionable legislation.

“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,” he asserted.

The AGF commended President Bola Ahmed Tinubu’s administration for its commitment to strengthening governance structures at all levels. He urged local government officials to embrace transparency, warning that the era of impunity was over.

Fagbemi also called on the media to ensure accurate and responsible reporting of issues related to governance and judicial proceedings.

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

The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun, on her part, said the media and judiciary play critical roles in the development of society.

The CJN, represented by the Secretary of the National Judicial Institute (NJI), Abdullaziz Olumo, called on journalists to remain committed to ethical standards in the discharge of their duties, stressing that the independence of the judiciary and press is key to democracy.

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Justice Kekere-Ekun described the media as a critical partner of the judiciary in advancing democracy, emphasizing the importance of truthful, fair, and objective reporting.

She noted that while the judiciary serves as the guardian of justice, equity, and the rule of law, the media plays a complementary role as the conscience of society, shaping public opinion and ensuring accountability.

Quoting former U.S. Supreme Court Justice Felix Frankfurter, she said, “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.”

Justice Kekere-Ekun expressed concern over sensationalism in news reporting, which she said distorts facts and undermines public confidence in the judiciary. Citing examples, she referenced the infamous 2016 headline, “We raided the houses of ‘corrupt, unholy’ judges, says DSS,” which she said painted a skewed picture of judicial officers without proper context.

She further stressed the dangers of “trial by media,” where premature narratives prejudge cases, sometimes infringing on constitutional rights. She referenced the landmark U.S. case of *Sheppard v. Maxwell* (1954), where excessive media interference led to the overturning of a conviction due to the denial of a fair trial.

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The CJN called for structured collaboration between the judiciary and the media, suggesting the development of a comprehensive media guide tailored to Nigeria’s judicial landscape.

She highlighted global examples, such as the Supreme Court of Dakota’s media guide and the United Kingdom’s Media Guidance document, as models for fostering responsible and informed court reporting.

In his keynote address, Prof. Mike Ozekhome, SAN, said the legal profession is key to the existence of a stable society and charged the judiciary to live up to expectations in ensuring that their judgments reflect justice and not just the position of laws or technicalities.

Speaking on the ‘Role of Courts in Enforcement of Judgments,’ the senior lawyer admonished judges to allow lawyers to argue their cases but not force them to adopt processes without speaking to them.

Prof. Ozekhome also advised judges not to be overly seen engaging with politically exposed persons at their events.

He urged judges to steadfastly avoid corruption, no matter how attractively it may be presented. Emphasizing that the right to respond is a God-given privilege, he encouraged judges to find appropriate ways to address unfounded allegations against them, even if it requires forming an association to collectively defend their integrity.

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