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It’s Unconstitutional For Governors To Hold LG Funds, Supreme Court Declares

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Local Government in Nigeria
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The Supreme Court, on Thursday, declared that it is unconstitutional for state governors to hold onto funds meant for Local Government (LG) administrations

In its lead judgement read by Justice Emmanuel Agim, the apex court observed that the state governments’ refusal of financial autonomy for local governments has gone on for over two decades.

Justice Agim said local governments have since stopped receiving the money meant for them from the state governors who act in their stead.

He noted that the 774 local government councils in the country should manage their funds themselves.

He dismissed the preliminary objections of the defendants (state governors).

Long Walk To LG Autonomy

There are 774 local government areas in the country but the efficiency of the third tier of government has been hampered by the weight of some controlling and overbearing governors who have been accused of mismanaging funds meant for the administration of local governments.

In the last few months, calls for local government autonomy have increased in Nigeria. President Bola Tinubu also supported the calls. In May, the Federal Government, through the Attorney-General of the Federation (AGF), Lateef Fagbemi, sued the 36 state governors over alleged misconduct of local government funds.

Currently, the Federal Government gets 52.68%, and states get 26.72%. In comparison, LGs get 20.60% of the country’s monthly revenue allocated by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) which operates under the Presidency, and disbursed by the Federation Account Allocation Committee (FAAC).

Interestingly, LG funds are paid into a joint account operated by state governments and local governments in their domains.

In the suit filed by AGF, the Federal Government sought an order preventing the governors from arbitrarily dissolving democratically elected councils. The suit by the AGF was on 27 grounds.

The 36 state governors, who are defendants in the suit, opposed the AGF for instituting the case.

The Verdict

In his judgement, Justice Agim said the AGF has the right to institute the suit and protect the constitution.

The apex court consequently directed that Local Government allocations from the Federation Account should be paid directly to them henceforth, and not to state government coffers.

Justice Agim pointed out that the state governors’ retention of the monies meant for the Local Governments truncates the latter’s activities.

Justice Agim ordered the immediate compliance of the judgement, stating that no state government should be paid monies meant for Local Governments.

More to follow…

Politics

South Sudan’s Government has postponed the 2024 election by two years until 2026.

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The country has not held national elections since it gained independence in 2011.

President Salva Kiir has ruled the country since 2011.

He has five Vice Presidents.

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Flood: Tinubu leaves Abuja for Borno

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President Bola Tinubu
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President Bola Tinubu has departed Abuja to Borno State to express condolences and evaluate the impact of the recent floods in Maiduguri.

Recall that the president had directed his vice, Shettima to visit the Northern state while he was away in China.

Residents fled their homes following the devastating flood in the state capital.

The Alau Dam, which has been at full capacity for the past week, reportedly collapsed in the early hours of Tuesday.

The areas most affected include Fori, Galtimari, Gwange, and Bulabulin.

Wild animals, including snakes, crocodiles and ostriches, were flooded out of their enclosures at the state zoo and into the streets.

Usman Tar, the state commissioner for information and internal security, issued a flooding alert, urging the immediate evacuation of those living along the riverbanks.

NAN reports that the last time the dam collapsed was in 1994, which led to unprecedented flooding in Maiduguri, with nearly half of the town submerged.

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Ribadu threatens to sue PDP chair over election rigging allegation

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Ribadu
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The National Security Adviser (NSA) Mallam Nuhu Ribadu has demanded retraction of the false and malicious allegation levelled against him by the Edo State chairman of the Peoples Democratic Party (PDP), Anthony Aziegbemi, that he was plotting to rig the upcoming governorship election in the state.

The party chairman had, in a statement widely circulated on Saturday, accused the federal government of scheming to rig the election. He also alleged that the NSA released $2 million to the candidate of the All Progressives Congress (APC) as part of the plot.

But in a letter addressed to the party chieftain dated September 15, 2024, the NSA demanded retraction of what the “totally false” allegation.

His lawyer, Marian Aigbedion of Charles Musa & Co, said the “malicious and libelous statement has brought our client into public disdain and odium.

“Your portrayal of our client as a corruption enabler and his office as an appendage of a political party willing to cause chaos in Edo State is entirely false and damaging to his reputation.

“As a renowned career police officer and pioneer Executive Chairman of the Economic and Financial Crimes Commission (EFCC), our client has consistently demonstrated integrity and a commitment to fighting corruption. It is inconceivable that he would be involved in such odious acts.”

Ribadu, therefore, asked Mr Aziegbemi to publicly apologise to him and retract the publication in its entirety.

He also demanded that the retraction statement should be published as “a full-page advertorial in at least five nationwide newspapers, ten reputable and well-read online news sites, seven national and international television stations and ten radio channels with national and international reach”.

The NSA also demanded the payment of N10 billion “as damages for reputational and other injuries.”

The lawyers informed the party chairman that failure to comply with the demands within seven days might compel them to take further steps, which could include legal action to enforce Ribadu’s rights.

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