Judicial Restraint and Local Government Fiscal Autonomy in Nigeria: Appraising the Jurisdiction of State High Courts to Restrain Access to Constitutionally Allocated Funds

The Local Government Areas (LGAs) have a place in the Nigerian system of governance, which the constitution has guaranteed, but their financial independence has been weak and disputed. A common practice has been to obtain restraining orders from State High Courts that will freeze or impose restrictions on access to funds that are available to the credit of local governments within the Federation Account. The recent Supreme Court ruling on local government autonomy has revived controversies on judicial suitability and the constitutionality of such actions. The paper explores whether the State High Courts have jurisdiction to restrict the Local Government Areas from accessing their constitutionally allocated funds. It examines the local government finance structure established by the constitution, the extent and boundaries of the jurisdiction of the State High Court, as well as the consequences of the resurgence of local government autonomy by the Supreme Court. The paper states that, although the jurisdiction of the State High Courts is expansive in terms of civil jurisdiction, the exercise of these powers has to be guided by the supremacy of the Constitution and the principle of fiscal federalism. Freezing or withholding on LGA can be indirect executive control and judicial usurping of grassroots governance, which are usually orders. The paper makes a conclusion that judicial restraint, constitutional amendment, and stronger statutory protection are needed to safeguard local government fiscal autonomy and deter the misuse of court procedures in the management of local government funds in Nigeria.