The Socio-Economic Rights and Accountability Project (SERAP) urged President Bola Tinubu to “immediately withhold Federal Government allocations to states that fail or refuse to operate credible local governments. “We have asked Mr. Olawale Edun to direct” to ensure that allocations from the federal account will only be paid to democratically elected local government councils and not to any other bodies or institutions. ”
SERAP also advised him that “the number of local government assemblies that directly received allocations from the federal government and that local government assemblies are democratic as mandated by a Supreme Court judgment under the provisions of the 1999 Constitution of Nigeria (as amended). “Please provide details on whether or not you have been selected.” Dated July 11, 2024. ”
SERAP urged him to “immediately invite the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to review the FAAC allocations by democratically elected local government councils across the country. We asked them to jointly track and monitor their spending.”
In a letter dated October 5, 2024 and signed by SERAP Deputy Director, Kolawole Oluwadare, the organization said: “Government has a duty to enforce the Nigerian Constitution and prevent public crimes, including by state governors.” said.
“Democratically elected local government councils do not and should not exist based on the tastes, whims and whims of governors and their ‘political godfathers,’” SERAP said.
According to SERAP, “The government also has a constitutional obligation to ensure accountability for spending the federal budget and immediate compliance with Supreme Court decisions and the rule of law.”
The letter reads in part: “Local government councils are entitled to receive payments directly from the federal account in order to promote good governance, people’s welfare and development of local governments across the country.” .
“Where the rule of law reigns, political expediency is sacrificed on its altar to ensure the survival of institutions created to promote the social values of freedom, orderly conduct, and development. It should be done.”
“We ask that you take the recommended actions within 7 days of receipt and/or publication of this letter. If we do not hear from you by then, SERAP will contact your government with the following information: We will consider appropriate legal action to compel them to comply with our demands.”
“Immediately withhold federal allocations to states that fail or refuse to hold local government elections, ensuring that allocations from the federal account are paid only to democratically elected legislatures and to other entities. It is entirely consistent with the rule of law to ensure that no payment is made.”
“According to our information, the Supreme Court of Nigeria recently ordered the federal government to pay funds in the federal account directly only to democratically elected local government councils and immediately to other bodies and institutions. .”
“The court also ordered the 36 state governors to “ensure democratic governance at the local government level.”
“The court ruled that a state governor does not have the power to dissolve democratically elected local government councils in a state and replace them with interim committees.The court also ruled that “each state must “Orders immediate compliance with the terms of this judgment.” ”
“According to our information, the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmoud Yakubu, recently stated that “the conduct of local government elections in virtually all states in the federation is simply a matter of the ruling party’s candidates.” It is a coronation ceremony.” The time has come to cancel the coronation and hold proper elections. ”
“SERAP is concerned that local government elections in some states are susceptible to manipulation by governors and other stakeholders.”
“SERAP is concerned that some state governors have not organized local government council elections contrary to Article 7(1) of the Nigerian Constitution.”
“SERAP is also concerned about allegations of corruption and mismanagement in the disbursement of federal funds by governors to local government councils in their respective states.Trillions of FAAC allocations received by Nigeria’s 36 states are being wasted. It is said that there are.”
“The resulting human costs directly threaten the human rights of socially and economically vulnerable Nigerians.”
“Despite increased allocations from the FAAC, millions of residents in several states still face extreme poverty and lack access to basic public goods and services. ”
“Removal of petrol subsidy and flotation of the naira by the Federal Government reportedly led to an increase in FAAC allocation to states and the FCT.However, the safety and well-being of millions of Nigerians requires corresponding improvements. I can’t see it.”
“SERAP notes that Article 162(3)(5) of the Nigerian Constitution provides that amounts due to the credit of local government assemblies in the federal accounts shall be distributed to and paid directly to local government assemblies. ”
“The Governor does not have the authority to maintain, control, control, or expend in any way appropriations from the federal account to local councils.”
“Under the terms of the Supreme Court’s decision, the 36 state governors are prohibited from further collecting, receiving, disbursing, or altering municipal council funds from federal accounts for the benefit of local councils.”
“SERAP states that Article 165 of the Nigerian Constitution and the Revenue Allocation Act No. 1 of 1982 provides that the revenue generated by the government shall be deposited into the Federal Account and disbursed monthly between the Federal Government, states and local governments. It is pointed out that
“SERAP has announced that former President Muhammadu Buhari said in December 2022, “If the funds from the federation account to the country are about 100 million naira, 50 million naira will be transferred to the chairman; The chairman will pocket the rest and share it with anyone who wants to share it.”
“According to Buhari, “if the funds from the federation account to the country are about N100 million, N50 million will be transferred to the Chairman, who will sign that he has received N100 million.” The Chairman will pocket the rest and share it with anyone who wants to share it.”
“Nigeria’s 36 states and the federal capital, Abuja, reportedly collected over 40 trillion federal allocations for the country’s 774 local governments and the FCT.”
“The Federal Accounting Allocation Committee (FAAC) disbursed 225.21 billion Norwegian federal allocations for municipalities to the states in November 2023 alone. Each state also disbursed the federal allocation for municipalities in December 2023. We collected N258,810,449,711.47.”
