A federal lawmaker has issued a strong warning to state governments across Nigeria, including Osun State, against any moves to undermine the Supreme Court's landmark rulings on Local Government autonomy. The lawmaker insists that the apex court's decisions are final and binding on all authorities.
Constitutional Obligation, Not Political Choice
Hon. Busayo Oluwole Oke, the Chairman of the House of Representatives Committee on Foreign Affairs, stated that obeying the Supreme Court is a mandatory constitutional duty for every level and arm of government. Representing the Obokun–Oriade Federal Constituency of Osun State, Oke made his position clear in a statement released in Abuja on Friday, December 19, 2025.
He titled the statement “Local Government Autonomy and the Rule of Law: Why States Must Comply, Not Confront.” In it, he stressed that Nigeria's democratic system is built on the supremacy of the Constitution and the authority of the judiciary. He pointed out that while the Supreme Court's recent pronouncements on LG administration and finances have sparked national debate, no personal or political preference can override a constitutional mandate.
“Under Section 235 of the 1999 Constitution, the Supreme Court is the final court of the land. Its decisions are not advisory or optional; they represent the authoritative interpretation of the Constitution itself,” Oke declared.
State Assemblies Cannot Overrule Supreme Court
The lawmaker issued a specific caution to State Houses of Assembly, including that of Osun State. He said these assemblies lack the constitutional power to make laws that dilute, bypass, or contradict the Supreme Court's judgments on Local Government autonomy. He described any such attempts as unconstitutional, null, and void.
“This is not about politics; it is about constitutional order,” Oke asserted. He explained that while legislatures have law-making powers, they cannot use statutes to reopen disputes that the Supreme Court has already settled conclusively. He further noted that even the National Assembly cannot reverse a Supreme Court judgment through ordinary legislation.
“The only lawful pathway to altering such outcomes, where necessary, is through a constitutional amendment that is transparently carried out and applied prospectively,” he clarified.
Legal Areas for State Collaboration with LGs
Oke, a former Chairman of the House Committee on Public Accounts, however, made it clear that state governments still have crucial roles to play. Compliance with the court's rulings does not make state governments irrelevant. States retain broad authority to enact laws that strengthen grassroots democracy without infringing on LG autonomy.
He listed several lawful areas where states can positively intervene:
- Ensuring regular, free, and credible Local Government elections.
- Promoting transparency and mandating independent audits for LGs.
- Enhancing administrative coordination without exerting financial control.
- Supporting capacity building and effective service delivery at the grassroots level.
“What states cannot do is reintroduce control through renamed joint accounts, caretaker committees, or executive gatekeeping disguised as oversight,” Oke warned sharply.
He called for cooperation instead of confrontation between state and local governments. He advocated for inter-governmental collaboration through memoranda of understanding, joint planning frameworks, and technical support that respect the independence of elected councils.
The lawmaker advised all stakeholders to channel their concerns about fiscal federalism and revenue allocation through national dialogue and constitutional advocacy, rather than taking unilateral state actions. “Until such amendments are lawfully enacted, the Supreme Court’s interpretation remains binding,” he concluded, adding that LG autonomy was designed to deepen democracy and bring governance closer to the people.
“Compliance is not weakness; it is fidelity to constitutional governance and a commitment to Nigeria’s democratic future,” Hon. Busayo Oluwole Oke said.
