JUSTICE BY MINORITY: A REVIEW OF THE MATTERS ARISING FROM THE SUPREME COURT DECISION IN A.G. FEDERATION V. A. G. ABIA STATE & 35 ORS (2024) LPELR – 62578 (SC)

Abstract

The issue of the need to grant financial autonomy to Local Government Councils in Nigeria as the third tier of government was of public concern until 11th July 2024 when the Supreme Court delivered what can be termed a landmark decision on financial autonomy of Local Government in Nigeria; stepping beyond the bounds the theoretical postulation to pragmatism. The main thrust of the discussion in this case review is a juxtaposition of the rationale behind the majority judgment against the minority judgment as well as issues arising there from. The paper saw the purposive approach of the majority as noble but too wide for comfort while the minority opinion is seen as according more to substantial justice and possibility. It is hoped that the opportunity will come in future when the full house of the Supreme Court will overrule itself adopting the reasoning in the minority judgment in the case under review.