A panic button about the funds for the running of local governments appeared to have been pressed in no fewer than 437 local governments areas spread across 19 states of the federation, following the imminent suspension of their federal allocations as a result of last Thursday’s ruling of the Supreme Court.

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The apex court, had in its ruling pursuant to the suit brought before it by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, granted financial autonomy to the 774 local government areas (LGA) recognised by the 1999 Constitution and outlawed the penchant of state governors to institute caretaker committees or dissolve democratically elected structures in the councils.

Investigations by the Nigerian Tribune revealed that uncertainty now pervades the scenario in no fewer than 19 states of the federation which are currently running one caretaker system or the other, a development that meant that they have run foul of the ruling of the apex court, which has empowered the federal government to withhold allocations to councils without democratically elected administrations.

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The Supreme Court had in a unanimous ruling of its seven-man panel, whose lead judgment was read by Justice Justice Emmanuel Agim, held that it was unconstitutional for state governments to tamper with the allocations due to the local governments, while also outlawing the operation of the caretaker system in the councils among other declarations.

The judgment ordered the federation account to henceforth pay all monies including shares from taxes and other sources meant to the councils directly to their accounts. The court barred governors from dissolving democratically elected officials of local governments, while also declaring that it is unconstitutional for governors to tamper with council funds. The court said the 774 local government councils should be allowed to manage their funds. Aside from that, the court also barred the operation of caretaker officials in the councils. The federation account was empowered to withhold funds meant for councils that operate the caretaker system.

Attorney General of the Federation and Minister of Justice, had while commenting on the judgment of the apex court declared that the ruling takes immediate effect, an indication that councils that failed to comply will start having their funds confiscated from the next meeting of the Federation Accounts Allocation Committee(FAAC), this month.

Investigations revealed that the 437 LGAs hammer is set to fall on are in the following states: Rivers(23); Jigawa (27); Anambra (21); Zamfara (14); Benue (23); Bauchi (20); Plateau(17); Abia(17); Katsina (34); Enugu (17); Cross Rivers(18); Sokoto (23); Kano(44); Yobe (17); Ondo(18); Osun (30); Akwa-Ibom (31); Imo (27 and Kwara (16). Delta State, which held elections for its 25 local governments on Saturday might be able to escape the hammer if the democratic structure is put in place before the next FAAC meeting.

Investigations further revealed that even as the governors prepare for a meeting to fully dissect the implications of the July 11 judgment of the apex court, some government houses are already contemplating likely ways out of the possible financial squeeze.

For instance, several states which have entered into what they termed “joint projects” which tied the funds accruing to the local governments to such projects were said to be panicky as such projects may be difficult to fund henceforth.

Though the Chairman of the Nigerian Governors’ Forum and the governor of Kwara State, Alhaji Abdurahman Abdurazaq, had in an initial response declared that the Supreme Court ruling had lifted a big burden off the shoulders of the state governors, whom he said had been bailing out the local governments financially, not a few Nigerians believe that the situation has been the other way round.

However, the Chairman, of the Senate Services Committee, who is the Senator representing Kogi West Senatorial District, Senator Sunday Karimi, has said that Nigerians should expect a fightback from some state governors over the Supreme Court ruling.

Karimi stated that a key gray area in the management of the local governments is the need for the transfer of responsibility for the conduct of elections to the local councils from the various state electoral bodies to the Independent National Electoral Commission (INEC).

He said: “The battle is not yet over; some state governors will fight back. President Tinubu allowed the judiciary a free hand to operate in this particular instance, irrespective of the fact that he is but a first-term president who may desire a comeback in 2027.

“I thank Mr President for mustering the courage to do the right thing. Since 1999, the third tier of government, literally speaking, has been nonexistent. State governments treated them as appendages of the state governments.

“No president has been able to change that. But, within one year, however, President Tinubu has returned the local government to its owners—the masses. Local governments, if well-operated, will ensure a better existence for our people. President Tinubu took due cognizance of this and courageously took the bull by the horns.”

Caretaker Committee members at crossroads in states

Members of the caretaker committees set up by some state governors to run the affairs of the local governments in their domain are now at a crossroads, following last Thursday’s judgment of the Supreme Court which stopped federal allocations to local councils without democratically elected executives. The court also declared as an aberration to have a caretaker committee administer the local government, ordering the stoppage of federal allocations to states that failed to conform to the constitutional provision that elected chairmen and councilors must run the councils.

Reports from the states of the federation indicated mixed feelings in the affected states where local government executives have been dissolved, and replaced by caretaker committees or even civil servants.

The feeling of uncertainty is equally prevailing in states where governors conducted elections that produced chairmen and councillors in Local Government Development Areas, created by states from the existing local governments listed in the 1999 Constitution.

We are at a crossroads —19 Ekiti LCDAs chairmen

The chairmen of the 19 Local Council Development Areas (LCDAs) in Ekiti State at the weekend expressed worry and concern over the running of their affairs following the judgment of the Supreme Court on the recognition of the 774 LGAs listed in the 1999 Constitution in terms of financial autonomy.

In 2021, the administration of a former governor of the state, Dr Kayode Fayemi through the House of Assembly, created the LCDAs, in addition to the existing 16 LGAs contained in the 1999 Constitution.

A cross-section of the chairmen, who spoke with the Nigerian Tribune and pleaded anonymity, said there is a need for Governor Biodun Oyebanji, to call an extended meeting where the implications of the judgment would be discussed.

non-existent in the eyes of the law,” the party said.

The Labour Party in the state has also kicked against the appointment of the caretaker chairmen and transition committees for the 18 local governments, and the 33 LCDAs, saying that the action amounts to illegality.

LP chairman in the state, Honourable Abiodun Agbaje, said: “Ondo Labour Party vehemently rejects the action of the Ondo State government for appointing new caretaker chairmen and transition committee for the 18 local governments across the state as well as the newly created 33 LCDAs which were already scrapped by a court judgment.”

However, the state’s Commissioner for Local Government and Chieftaincy Affairs, Mr Amidu Takuro, argued that the local government election cannot be held immediately and that the transition committees were constituted to run the affairs of the local government and LCDAs.

Sokoto LG caretaker members worried by S’Courts ruling

Members of the local government caretaker committees in Sokoto State have expressed worries over the implementation of the ruling of the apex court.

A member of the caretaker committees who spoke on behalf of his colleagues under the condition of anonymity, however, said that the judgment, if implemented, will improve the living conditions of the people at the grassroots level.

“I just believe the Federal Government, having secured this landmark judgment, will have the political will to ensure the full implementation.

“When implemented, the judgment will definitely free local governments from the grip of state governors, who have turned us to cash out.

“It will aid development at the grassroots as well and we as members of ALGON nationwide, will intensify efforts to ensure the judgment is fully implemented,” he added.

Also speaking, Akibu Abubakar, a civil society activist on good governance, commended the Federal Government for initiating the court case in the first instance but warned both the federal and state governments not to tamper with the judgment, while calling for its full implementation to boost development at the grassroots.

Sole administrators run affairs in Jigawa, NULGE welcomes S’Court ruling

Local government councils in Jigawa State are presently being led by the Directors of Administration and Strategy (DAS) as sole administrators, following the dissolution of the 27 local government executives by Governor Malam Umar Namadi.

The governor, through his Commissioner for Local Government and Chieftaincy Affairs, announced the dissolution on June 30, at the expiration of the three-year tenure of the elected chairmen and councilors.

Malam Umar Namadi has directed the director of administration to take over immediately with a plan to constitute local government councils caretakers committee pending the time the elections will be conducted, the commissioner had said.

However, the governor has neither set up the caretaker committee nor commenced any preparation for fresh council elections as of the time the Supreme Court gave its ruling on July 11.

While speaking on the judgment of the apex court, the chairman of the Jigawa State branch of the Nigeria Union of Local Government Employees (NULGE), Comrade Abubakar Garba Shitu said it would bring succour to the people, as “It is something that we were expecting a long time ago.

“Though this did not affect us in Jigawa state as local government councils are autonomous; all the councils are receiving all their federal allocations in full,” he said.

Katsina to hold LG election in 2025

Though the tenure of the local government executives in Katsina state expired in April this year, the state government has only fixed the conduct of the local government election for February 2025. That development puts the state in the bracket of those that might receive zero allocation once the judgment of the Supreme Court comes into effect.

The decision by the state government has also drawn flak from opposition parties in the state, with Alhaji Lawal Dan-Ade, spokesperson of PDP in Katsina State saying that any decision to withhold local government allocations by the Federal government is welcome.

He said: “As far as we are concerned, the present local government chairmen in Katsina State are not elected, they are simply caretaker chairmen. We suspect, shifting the date of the elections by one year, is just to find grace of manipulations during the elections.

“It’s evident, how the ruling party, the APC allocated the slots to the people who are loyal to the governor; from that, you know he is preparing ground for the 2027 general elections.

members were appointed based on their track records, stressing that they were screened by the state House of Assembly, and the final list assented by the governor.

“My fear is that I believe stopping allocation to caretaker committees will bring a setback in some local government councils, where developmental projects initiated by caretaker committees are ongoing,” he said.

A former sole administrator of Gusau local government, Hon. Aliyu Umar Nasko, however, claimed that many of the caretaker committee members were appointed on the basis of political godfatherism.

He said: “The provision of appointing council caretaker chairman is that a civil servant of not less than GL 13, but now, the case is not as it should be. Governors mostly appoint politicians, not educationists.

“I’m of the opinion that due process should be followed in the local government; federal allocation should only be given to elected chairmen, not caretaker committees.”

Last updated on November 15th, 2024 at 11:08 am