In a series of landmark decisions, the Supreme Court of Nigeria made significant rulings that have reshaped the landscape of governance, financial management, and electoral integrity in the country.
These rulings address crucial issues, ranging from the control of Lagos’ inland waterways to the financial autonomy of local governments, and the confirmation of electoral victories.
Here are five of these rulings by the Supreme court of Nigeria in the first half (H1) of 2024:
Supreme Court ruling on Lagos inland waterways
On 5 January 2024, the Supreme Court of Nigeria delivered a landmark judgment in the case between the National Inland Waterways Authority (NIWA) and the Lagos State Waterways Authority (LASWA) over regulatory control of Lagos’ inland waterways.
The dispute began in 2014 when boat operators and dredgers challenged the dual levies and regulations imposed by both the Federal Government and the Lagos State government. They sought clarity on which authority had the power to issue permits, collect levies, and regulate the waterways.
The Federal High Court initially sided with the Federal Government, affirming NIWA’s regulatory control. However, the Court of Appeal later ruled that Lagos State could regulate non-navigable waterways. The Federal Government then appealed to the Supreme Court for a definitive resolution.
The Supreme Court ruled that inland waterways, including those in Lagos, fall under the exclusive legislative powers of the National Assembly, as per the Constitution of Nigeria. This means Lagos State lacks the authority to legislate on or regulate these waterways. Consequently, the Lagos State House of Assembly’s laws, including the LASWA Law of 2008, are invalid if they conflict with NIWA’s regulations.
The court affirmed that NIWA has exclusive regulatory and licensing authority over all inland waterways, including Lagos’ waterways, and declared that NIWA’s Act takes precedence over any state legislation.
Read also: Reaction on supreme Court ruling
Financial autonomy of local governments
In a landmark ruling in June 2024, the Supreme Court upheld the financial autonomy of the country’s 774 local governments. Led by Justice Emmanuel Agim, the seven-member panel’s decision marked a significant reform in local government finance management.
The case was brought by Lateef Fagbemi, attorney-general of the federation (AGF) in May 2024, challenging the practices of state governors who were accused of mismanaging and withholding funds meant for local governments. Historically, state governors controlled federal allocations intended for local governments, often holding them in joint accounts with restricted access and replacing elected local councils with caretaker committees.
The Supreme Court therefore ruled in favour of the AGF’s suit, establishing that local governments would now receive their financial allocations directly from the accountant-general of the federation, bypassing state governors to prevent misuse.
FRN vs Francis Atuche
On 28 June 2024, the Supreme Court upheld the conviction and six-year sentence of Francis Atuche, former managing director of the now-defunct Bank PHB, for his involvement in a N25.7 billion fraud case.
Atuche and Ugo Anyanwu, Bank PHB’s former chief finance officer (CFO), had been prosecuted by the Economic and Financial Crimes Commission (EFCC) on multiple counts of conspiracy, theft, and money laundering, with their convictions affirmed by both the Lagos High Court and the Court of Appeal.
The Supreme Court, in a unanimous decision led by Justice Moore Adumein, dismissed Atuche’s appeal, stating that there was no valid reason to overturn the lower courts’ rulings.
This verdict concluded a 13-year legal battle, confirming Atuche’s six-year sentence and Anyanwu’s eight-year term, while maintaining the acquittal of Atuche’s wife, Elizabeth.
Supreme Court judgments on guber elections
The Court of Appeal in Abuja, on 18 July, reaffirmed the re-election of Governor Douye Diri of the Peoples Democratic Party (PDP) in the 11 November 2023 Bayelsa State governorship election. A three-member panel led by Justice James Abundaga dismissed the appeal by All Progressives Congress (APC) candidate, Timipre Sylva, stating that the appeal lacked merit, echoing an earlier ruling by the Bayelsa State Governorship Election Petition Tribunal.
On 23 August, the Supreme Court upheld this decision, also dismissing Sylva’s appeal.
On November 11, 2023, Kogi State held a governorship election. Usman Ododo of the All Progressives Congress (APC) was declared the winner by the Independent National Electoral Commission (INEC). Muritala Ajaka of the Social Democratic Party (SDP) and Olayinka Braimoh of the Action Alliance (AA) both contested the result, but their petitions were dismissed by the Kogi State Election Petition Tribunal and the Court of Appeal.
The Supreme Court later dismissed both Ajaka’s and Braimoh’s appeals, affirming Ododo’s victory. Ajaka’s appeal was deemed without merit, while Braimoh’s was dismissed for being filed late.
The Supreme Court also upheld the victories of governors of Enugu, Ebonyi, Zamfara, Kebbi, Delta, Sokoto, among others, in the 2023 elections.
