Tag: LG autonomy

• NULGE President says FG ‘knows what to do’

Many state governments appear to be still weighing their options on local government financial autonomy, following the recent threat by President Bola Tinubu that he may be compelled to issue an Executive Order to ensure direct allocations to the councils.

Only a handful of states claim they have commenced the implementation of the July 2024 ruling of the Supreme Court granting financial autonomy to the third tier of government.

Early this month, the apex court slammed the federal government for failing to implement the July 2024 judgment.

The court said that there was “no credible evidence before it that the Attorney General of the Federation (AGF) had initiated or completed the needed modalities to give effect to its judgment.”

And speaking at the 15th National Executive Committee (NEC) meeting of the All Progressives Congress (APC) recently in Abuja, President Tinubu warned state governors that he might be compelled to issue an Executive Order to ensure direct allocations to the local governments if they fail to comply with a Supreme Court ruling.

“The Supreme Court has capped it for you again, saying, ‘give them their money directly.’ If you wait for my Executive Order, because I have the knife, I have the yam, I will cut it. I’m just being very respectful and understanding with my governors. Otherwise, if you don’t start to implement it, FAAC after FAAC, you will see,” Tinubu said.

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Soon after the July 2024 ruling of the Supreme Court, the office of the Attorney General of the Federation and the Central Bank of Nigeria (CBN) set in motion a process for the local governments to open accounts with the bank where their allocations could be paid into.

The process dragged on for some time before it all came to an abrupt end.

Sources in the CBN said the governors piled pressure on the federal government officials to frustrate the process.

Up till now, local governments’ share of revenue passes the State Joint Local Government Accounts mandated by Section 162(6) of the 1999 Constitution.

The provision is a mechanism where federal allocations to the local governments are pooled with 10% of a state’s internally generated revenue. Although the intention is to manage funds efficiently, governors often use it to control and often delay or divert these funds, eroding the local government’s autonomy.

Officials of Akwa Ibom, Adamawa, Nasarawa and Cross River State Governments told our correspondents that the LG financial autonomy was realty in their states.

An official of the Oyo State government said LG financial autonomy cannot be enforced until the relevant section of the constitution is amended, while officials of Abia, Ogun, Borno, Yobe, Imo and Niger states kept mute when contacted on the issue.

Akwa Ibom State Information Commissioner   Aniekan Umanah said Governor Umo Eno had always supported the LG financial autonomy.

Umanah said that even before the Supreme Court judgment, the governor never tampered with local government funds.

“Governor Umo Eno is a lover of grassroots development, and that is why he is in full support of the President’s directive for funds to be sent to local governments directly,” Umanah said.

“Local governments in the state are embarking on projects and awarding contracts, carrying out empowerment for people at the grassroots, just because the state government does not tamper with their money.

“To the Governor, Tinubu’s renewed directive is not just a directive but a moral duty for all governors across the country to allow their third tier of government to be financially independent.

“Take a visit to the 31 local government areas of the state, and you will confirm what I am saying that this government aligns with the President’s mandate to uplift local communities,” he said.

 Mr Humwashi Wonosikou, Chief Press Secretary to  Adamawa State Governor Adamu Fintiri, said the state government granted financial autonomy to the LGs long before the Supreme Court’s ruling.

“We can’t have any problem with the president’s threat over implementation of the Supreme Court ruling on the local government financial autonomy,” Wonosikou said when contacted.

However, the execution of joint projects sometimes casts doubts on the claims of the state government.

About two months ago, for instance, questions were raised over a directive by the state government to the 21 LGs to contribute N500,000 each monthly to the sanitation exercise spearheaded every month by the state government.

The Nasarawa State Government said that Governor Abdullahi Sule, shortly after the ruling, sent an executive bill to the state House of Assembly, scrapping the joint local government account.

Senior Special Assistant to the Governor on Public Affairs, Peter Ahemba, said:” In Nasarawa State, the Governor has long been releasing all that is meant for the councils, and nobody touches one kobo that belongs to them.

“All the 13 local government areas in Nasarawa State are enjoying their money without one kobo being deducted anywhere. The governor is determined to run a transparent and accountable system of government, and he respects the fact that local government is the third arm of government and deserves full financial autonomy to enable them address challenges at the grassroots.”

Cross River State Finance  Commissioner Erasmus Ekpang told The Nation that no LG in the state can have cause to complain about the deduction of its revenue allocation.

“They get their share of finances and manage it themselves. Cross River is in total compliance with Mr President’s directive.

“We’ve not had any sort of complaints from any of our 18 local governments. They have their autonomy; how they unofficially or officially manage their finances is up to them. They get their shares from the State government as it comes and manages by themselves,”  he said.

OYSG: Constitution must be amended first

 The Oyo State Government is of the view that the issue of the LG financial autonomy is a constitutional one, and until the needful is done, it will be difficult to enforce.

Special Adviser (Media) to the Oyo State Governor, Dr Sulaimon Olanrewaju, said the Constitution specifies that local government funds from the Federation Account should be paid into State Joint Local Government Accounts.

Olanrewaju said the  Oyo State government is not dependent on local governments’ resources, as the Seyi Makinde administration has increased the IGR manyfold and has also made critical investments, which have put the state in a good financial state.

Olanrewaju said, “To set the records straight, the 1999 Constitution (as amended) is clear on this matter. The Local Government funds from the Federation Account must be paid into a State Joint Local Government Account. That is in Section 162(5) of the 1999 Constitution.

“Similarly, Section 162(6) mandates each state to maintain a State Joint Local Government Account for pooling LG allocations from the Federation Account and the state itself.

“The reason for the joint account by the two tiers of government is that there are certain schemes, such as basic education, which are jointly funded by these governments.

“Unless there is a common purse by the two tiers of government, such critical sectors may suffer neglect, and this could jeopardise the well-being of many people.

“So, until the constitution that is in use in the country is amended, the President would be overreaching himself by instructing that payment be made directly to the local governments.”

Officials of Abia, Ogun, Borno, Yobe, Imo and Niger state governments were mute when contacted.

NULGE President slams FG over LG allocation, says governors  not guilty

The President of the Nigeria Union of Local Government Employees (NULGE) in Imo State, Comrade Charles Okechukwu Okere, says the governors are not to blame for the matter.

“The FG knows what to do if they sincerely want to pay local government funds into the LG account,” he said in an interview.

He explained that governors are not involved in the transfer of funds from the central purse to various accounts, and therefore, should not be held responsible for the implementation of the Supreme Court judgment.

Okere noted that in Imo State, Governor Hope Uzodimma pays local government funds into LG accounts.

He added: “If the Supreme Court interpreted the law and authorised the FG to pay directly to LG accounts and they pay instead into the state accounts, who is committing contempt of court, the FG or the governors?”

The NULGE president urged the Federal Government to pay local government allocations directly into LG accounts, citing that governors receive funds similarly.

He emphasised that the current system, where funds are moved into a Joint Account and then to LG accounts, incurs unnecessary bank charges.

The Chairman of the House of Representatives Committee on Foreign Affairs, Oluwole Oke, has urged state governments across the country to fully comply with Supreme Court rulings on Local Government autonomy, insisting that the judgments are binding and not subject to legislative or executive discretion.

In a statement issued in Abuja and titled “Local Government Autonomy and the Rule of Law: Why States Must Comply, Not Confront,” Oke said Nigeria’s constitutional democracy is anchored on the supremacy of the Constitution and the finality of judicial interpretation.

He stressed that once the Supreme Court has delivered a judgment, all arms and levels of government are constitutionally bound to obey it.

Oke noted that recent pronouncements by the apex court on the administration and financial autonomy of Local Governments have reignited nationwide debates, but maintained that personal, political or regional opinions cannot override constitutional obligations.

“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 meaning of the Constitution itself,” he said.

The lawmaker warned that no State House of Assembly, including that of Osun State, has the constitutional authority to enact laws that override, dilute or circumvent Supreme Court judgments on Local Government autonomy.

According to him, any such legislative action is unconstitutional, null and void, and amounts to a direct affront to the rule of law.

“This is not about politics. It is about constitutional order,” he added.

Oke explained that while legislatures are empowered to make laws, they cannot revisit disputes already conclusively interpreted by the Supreme Court through statutory maneuvers. According to him, even the National Assembly cannot reverse a Supreme Court judgment by ordinary legislation.

He said the only lawful avenue for altering such outcomes, where necessary, is through constitutional amendment carried out transparently and applied prospectively.

The lawmaker, however, emphasized that compliance with the court’s rulings does not render state governments powerless. He said states still have wide latitude to enact laws that strengthen Local Government democracy without undermining autonomy.

He listed areas states could lawfully legislate on to include guaranteeing regular and credible Local Government elections, promoting transparency and independent audits, enhancing administrative coordination without financial control, and supporting capacity building and service delivery at the grassroots.

“What states cannot do is reintroduce control through renamed joint accounts, caretaker committees or executive gatekeeping disguised as oversight,” he cautioned.

Oke called for cooperation rather than confrontation between states and Local Governments, advocating inter-governmental collaboration through memoranda of understanding, joint planning frameworks and technical support mechanisms that respect the independence of elected councils.

He also urged stakeholders to pursue constitutional advocacy through national dialogue where ambiguities exist, particularly on fiscal federalism and revenue allocation, rather than unilateral state actions.

“Until such amendments are lawfully enacted, the Supreme Court’s interpretation remains binding,” he said.

Oke concluded that Local Government autonomy was designed to deepen democracy and bring governance closer to the people, adding that obedience to the rule of law strengthens democratic institutions.

“Compliance is not weakness. It is fidelity to constitutional governance and commitment to Nigeria’s democratic future,” he said.

…GF says diversion of LG funds impeachable offence

…zekhome decries attacks on judges

The federal government will move against states enacting laws that are directed at circumventing the July 11 judgment of the Supreme Court on financial autonomy for the Local Governments, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN) has said.

Fagbemi said the federal government will not hesitate in initiating contempt proceedings against such states while their Attorneys General would be referred to the Legal Practioners Disciplinary Committee (LPDC) for misconduct.

He said: “I am aware that some states have embarked on the promulgation of legislations which appear to be antithetical to the tenets or tenor of the judgment of the Supreme Court.

“My simple point is that the states concerned are advised not to tread within the precinct of contempt of court. And, my colleague at the sub-nationals should not also invite the attention of Legal Practitioners Disciplinary Committee for misconduct,” Fagbemi said.

He spoke in Abuja on Thursday at the 2024 National Conference of the Abuja chapter of National Association of Judicial Correspondents (NAJUC).

Fagbemi warned state governors and council chairmen against tampering with Local Govt funds because of the grave implications.

For governors, Fagbemi said by the July 11 judgment of the Supreme Court, tampering with Local Govt funds amounts to gross misconduct and an impeachable offence.

For the council chairmen who misappropriate or misapply LG funds, he said they would be prosecuted because they do not enjoy immunity the the Constitution.

In his paper, titled: “Aftermath of Supreme Court judgment on Local Government financial autonomy: what next? the AGF said, “by the July 11, 2024 judgement of the Supreme Court, which granted financial autonomy to Local Govts in the country, any governor who tampers with the finances of the LGAs in his state is seen to have committed a gross-mis-conduct, which is an impeachable offence”.

Fagbemi said the suit on which the Supreme Court gave the July 11 judgment was intended to liberate the Local Govts from the strangle hold of the governors and promote development at the grassroots.

He said he was aware of the fear being expressed about the continue influence of the governors on the Local Govts  because they still supervise the conduct of LG elections.

He said the Fed Govt was being methodical in its approach to ensuring that the Local Govts are allowed to function as the third level of government as envisaged by the Constitution.

The AGF said: “We are not resting on our oars. If we don’t have any meaningful response, we may also invite the Supreme Court to also look at the Constitution and see whether they should be allowed to continue to conduct LG election in the form that we have presently.

“It does not give anybody any joy to drag any of the sub-nationals to court. Our expectation is that the sub-nationals should allow the law to take its course,” he said.

Fagbemi identified some of the constitipnal roles of the Local Govts  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 the society must benefit from sustainable welfare programmes,” he said 

He  noted that the financial autonomy granted to local governments by the Supreme Court was designed to empower them to carry out their responsibilities effectively. 

He said, any debt incurred by governors, in relation to the official function of state government must be handled by the state, it should not be shared with the local government areas, as such projects are not the constitutional responsibilities of local governments. 

Fagbemi added: “It is expected that, having become divorced of the financial dependency on the state government, more people today should be involved in grassroots politics to ensure effective governance from bottom up.”

He said it is the intention of the President Bola Tinubu administration that the dividends of democracy affect everyone irrespective of location and status.

Fagbemi said the time for Nigerians to begin to demand accountability and good governance from all tiers of government is now.

“Good governance is a collaborative effort as  constitutionally mandate or required of every tier of government in Nigeria,” he said.

Fagbemi said the judgment of the Supreme Court, granting financial autonomy to the LGs has ignited the emaciation of that tier of government, which the FG will continue to improve upon.

The Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun emphasised the importance of independent media and judiciary to the sustenance of any democracy.

Justice Kekere-Ekun identified some inadequacies in the operations of the media and called for fairness and accuracy in the reportage of court proceedings and decisions.

The CJN, who was represented by the Secretary of the National Judicial Institute (NJI), Abdullaziz Olumo noted that while the judiciary serves as the guardian of justice, equity and the rule of law, the media act as the conscience of the society, dissenting information shaping public opinion and ensuring accountability.

She said the media is entrusted with the responsibility of informing the public about judicial activities and that, the judiciary relies on accurate and ethical reportage to enhance public confidence in its work and described the media as a critical partner of the judiciary in advancing democracy.

The CJN expressed concern over sensationalism in news reporting, which she said distorts facts and undermines public confidence in the judiciary.

She further highlighted 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.

Human Rights lawyer, Professor Mike Ozekhome (SAN) decried the frequent attacks on judges by Nigerians, but urged judicial officers to see their roles of sacred responsibilities which must not be associated with misconduct.

Ozekhome said: “If you are dissatisfied with a judgment, go on appeal rather than writing petitions to scurilise the names of judges, who have wives or husbands; they have children, they have relations.

“The Judiciary must rescue itself. Judges must eschew corruption in whatever form, by whatever name, however beautifully dressed in royal garment, so that when we are defending them, we will be on sure footed ground.

“There is a difference between criticising a court for a judgment delivered and going for the jugular of of the judge in his personal capacity, a man or woman who cannot defended him or herself,” he said.

He cautioned against the practice where judges, who are promoted, engage in open celebration that accommodate politically exposed persons, whose presence could convey wrong signal to members of the public.

Ozekhome commended the Judiciary for its contributions to the sustenance of the nation’s democracy and ensuring peace in the society.

He stated that without the Judiciary the nation would have crumbled, arguing that the third arm of government remains the best among the three arms of government.

He said: “The Judiciary, in spite of all the problems were are taking about, still remains the best out of the three arms of government.”

The Chief Judge of the Federal High Court, Justice John Tsoho commended the media for its ability to communicate court’s proceedings and decisions to members of the public.

He however called for fairness and accuracy in media reports of court’s dealings to avert cases of misrepresentation.

In his welcome address, the chairman of the judiciary correspondents, Abuja chapter, Mr Kayode Lawal said, the Supreme Court judgment on Local government financial autonomy was incisive and well researched and has brought a new lease of life to the third tier of government in the country. 

The NAJUC Chairman said, the  theme of the conference, along with other sub-themes, were carefully chosen as Nigerians are expecting a turn around from the outcome of the Supreme Court judgment. 

Lawal express discomfort about whether he described the ugly trend of conflicting judgments and orders on virtually the same issues and same parties by courts of coordinate jurisdictions and added that, it is worrisome, sad and regrettable that the ugly development has continued unhindered in spite of warnings from several quarters. 

“More worrisome is the fact that there is the general perception that public confidence in the nation’s justice delivery has continued to wane in view of some untoward conduct of lawyers and judges,” he said.