By Abiola Olawale
The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Ahmed Tinubu to withhold monthly allocations to states that have failed to conduct credible local government elections.
The group, in a statement issued on Sunday by its Deputy Director, Kolawole Oluwadare, also called on Tinubu to direct and compel the Minister of Finance and Coordinating Minister of the Economy, Wale Edun, to ensure states that are yet to conduct credible local government elections won’t receive monthly allocations.
SERAP, in the statement, also argued that it is illegal for any state in Nigeria not to have a credible local government council.
The group also urged the President the “details of the number of local government councils that have directly received federal allocations and whether the councils are democratically elected, as provided for by the Nigerian Constitution 1999 [as amended] and ordered by the Supreme Court in its judgment of 11 July 2024.”
“Your government must enforce the Nigerian Constitution and prevent public wrong, including by state governors.
“A democratically elected local government council does not and should not exist at the pleasure, whims and caprice of governors or their ‘political godfathers’.
“Your government also has the constitutional obligation to ensure accountability for the spending of federal allocations and immediate compliance with the judgment by the Supreme Court and the rule of law.
“Local government councils are entitled to a direct payment from the Federation Account to promote good governance, people’s welfare and development of local government areas across the country.
“Where the rule of law reigns, political expediency ought to be sacrificed on the altar of the rule of law to guarantee the continued existence of institutions created to promote social values of liberty, orderly conduct and development.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.
“It will be entirely consistent with the rule of law to immediately withhold federal allocations to states that have failed and/refused to conduct local government elections and to ensure that any allocations from the Federation Account are paid only to democratically elected councils and no other body or institution.”
The New Diplomat reports that the Supreme Court in July declared that the state government’s collection and receipt of funds meant for local government areas (LGAs) is unconstitutional. A seven-man panel of the Supreme Court had delivered the ruling.
Justice Emmanuel Agim, gave this verdict while delivering judgment in the suit marked: SV/CV/343/2024, which was filed by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, against the 36 state governors seeking full autonomy for the 774 local governments in the country.
The ruling came after several years of calls for local government autonomy as the efficiency of the third tier of government has been hampered by state governments.
