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FG, States Set 3-Month Extension For Direct LG Allocations

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The need to avert salary payments and operational viability crisis at the third tier of government, has necessitated a three-month moratorium agreement between the Federal Government and the States on the direct remittance of allocations to the Local Government Areas (LGA).

The implication of this is that the LGAs would wait till October before the implementation of the Supreme Court of Nigeria’s (SCN) ruling on the direct payment into their accounts.

Recall that on July 11, 2024, the SCN gave a landmark judgment affirming the financial autonomy of Nigeria’s 774 LGAs, with the import that governors could no longer receive the funds meant for the third tier of government.

The apex court also directed the Accountant-General of the Federation (AGF) to be paying the LG allocations directly to their accounts, as it declared the non-remittance of funds by the 36 states unconstitutional.

Under former President Muhammadu Buhari, the Nigerian Financial Intelligence Unit (NFIU) issued a regulation, effective from June 1, 2019, which banned transactions on State and Local Governments Joint Accounts, The Punch reports.

Hitherto, funds were sent directly to the accounts of the local governments.

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The NFIU also limited cash withdrawals from local governments accounts to a maximum amount of N500,000 per day with penalties for banks that failed to comply.

However, the Nigerian governors under the aegis of the Nigerian Governors’ Forum (NGF) kicked against this regulation and the NFIU eventually capitulated.

The status quo was maintained until May 2024 when the Attorney-General of the Federation, Lateef Fagbemi (SAN), filed suit marked SC/CV/343/2024 at the SCN to strengthen the autonomy of the LGAs as provided for in the constitution.

It sought to prevent state governors from unilaterally dissolving democratically elected local government councils and establishing caretaker committees, actions that violate constitutional provisions.

The AGF argued that the constitution mandates a democratically elected local government system and does not allow alternative governance structures.

The suit also prayed that the funds from the Federation Account be channelled directly to local governments, bypassing the allegedly unlawful joint accounts managed by state governors. The Federal Government also sought an injunction to stop governors and their agents from receiving or spending local government funds without a democratically elected local government system in place. It contended that the governors’ failure to establish such a system constitutes a deliberate subversion of the 1999 Constitution.

The SCN heard parties to the case on June 13, with the state governments, through their respective attorneys-general, opposing the suit.

That was the prelude to the landmark SCN judgment of Thursday, July 11, 2024, which has now affirmed the financial autonomy of Nigeria’s 774 LGAs.

In the unanimous judgment of its seven-member panel, the SCN upheld the suit brought by the federal government to strengthen the independence of local governments in the country.

A member of the panel, Emmanuel Agim, who delivered the court’s lead judgment, held that the LGAs across Nigeria should henceforth receive their allocations directly from the AGF.

He ruled it illegal and unconstitutional for governors to receive and withhold funds allocated to local government areas in their states.

Many Nigerians, including the LG chairmen, hailed the judgment of the SCN, describing it as a step in the right direction to restructure the country.

Although some governors voiced their concerns, the NGF, speaking through the chairman and Kwara State Governor, AbdulRahman AbdulRazaq, said the judgment was a relief from the financial burden to state governments.

AbdulRazaq, speaking to journalists after meeting President Bola Tinubu on July 12, a day after the judgment, said, “The governors are happy with the devolution of power regarding local government autonomy. The public really doesn’t know how much states spend on bailing out local governments.”

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Edo Deputy Gov, Omobayo Ordered To Court Over Refusal To Vacate Office

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A Federal High Court in Abuja has mandated that Godwins Omobayo, the Deputy Governor of Edo State, appear in person on November 26, 2024, following allegations of contempt of court stemming from his failure to comply with a previous ruling.

Justice James Omotosho issued the order on Monday, asserting that Omobayo, described as the alleged contemnor, must be afforded a fair hearing in accordance with Section 36 of the 1999 Constitution (as amended).

READ MORE: Bobrisky Flees Nigeria Amid Legal Turmoil

The court action was initiated by Philip Shaibu, who was reinstated as Deputy Governor after the court invalidated his impeachment by the Edo State House of Assembly on July 17.

Justice Omotosho ruled that the impeachment proceedings lacked due process and that the grounds for Shaibu’s removal did not constitute gross misconduct.

Shaibu’s suit targets several parties, including the Inspector-General of Police and the Edo State House of Assembly, seeking enforcement of the court’s judgment and demanding that Omobayo vacate the deputy governorship position.

Omobayo assumed office on April 8, following Shaibu’s impeachment.

During the court proceedings, it was revealed that Omobayo was served legal documents but failed to appear.

In response, Shaibu’s attorney, Ayotunde Ogunleye, SAN, urged the court to compel Omobayo’s attendance, citing the need to uphold judicial authority.

In delivering his ruling, Justice Omotosho adjourned the case until November 26 for further proceedings.

He directed that hearing notices be served to the 1st, 2nd, 3rd, and 5th defendants involved in the charge.

“In the interest of justice and to provide the alleged contemnor with an opportunity to defend himself and receive a fair hearing, in accordance with Section 36 of the 1999 Constitution (as amended), I hereby order that the alleged contemnor appear in court in person on November 26, 2024,” the judge stated.

It is noteworthy that the current tenure of the state government is set to conclude on November 12.

 

 

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Presidency Fires Back At Atiku

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On the heels of the salvo fired by the presidential candidate of the Peoples Democratic Party (PDP) in Nigeria’s 2023 elections, Atiku Abubakar, signalling what might be a long-drawn hot exchange of words, the Presidency has made what it called ‘our initial response to Alhaji Atiku Abubakar’.

This was contained in a statement put out on micro-blogging site, X, Sunday by the Special Adviser to the President (Information and Strategy), Bayo Onanuga.

The former vice president had detailed the shortcomings of the President Bola Ahmed Tinubu administration, making efforts to detail what he would have done differently, that would have better results for Nigeria.

In a swift response, the Presidency countered that Atiku and his ideas “were rejected by Nigerians in the 2023 poll”, based on his antecedents.

The statement reads, “OUR INITIAL RESPONSE TO ALHAJI ATIKU ABUBAKAR

“We have just read a statement credited to former vice president Alhaji Atiku Abubakar, in which he tried to discredit  President Bola Tinubu’s economic reform programmes while pushing his untested agenda as a better alternative.

“First, Alhaji Atiku’s ideas, which lacked details,  were rejected by Nigerians in the 2023 poll.

“If he had won the election, we believe he would have plunged Nigeria into a worse situation or run a regime of cronyism.

“Abubakar lost the election partly because he vowed to sell the NNPC and other assets to his friends.  Nigerians have not forgotten this, nor would they be comforted by Atiku’s antecedents when he ran the economy in the first term of President Olusegun Obasanjo’s government between 1999 and 2003.

“As vice president, Atiku supervised a questionable privatisation programme. He and his boss demonstrated a lack of faith in our educational system, and both went to establish their universities while they allowed ours to flounder.

“Talk is cheap. It is easy to pontificate and deride a rival’s programmes even when there are irrefutable indices that the economic reforms yield positives despite the temporary difficulties.

“Despite the futile attempt to hoodwink Nigerians again in his statement, it is gratifying that the former Vice President could not repudiate the economic reforms pursued by the Tinubu administration because they are the right things to do.

“His advocacy for a gradualist approach only showed that he was not in tune with the enormity of problems inherited by President Tinubu.

“It is so easy to paint a flowery to-do list. It is expected of an election loser.

“President Tinubu met a country facing several grave challenges. Fuel subsidies were siphoning away enormous resources we could ill afford, and there was criminal arbitrage in the forex market.

“No leader worth his name will allow these two economic disorders to persist without moving to end them surgically.

“While advocating for gradual reforms may sound appealing, Tinubu took measures that should have been taken decades ago by Alhaji Abubakar and his boss when they had the opportunity.

“Alhaji Abubakar calls for empathy and a human face to reforms. We have no problem with this as it resonates well with our administration’s focus. President Tinubu has consistently emphasised the need for compassion and protection of the most vulnerable.

“The administration has prioritised social safety nets and targeted support for those affected by recent economic transitions.”

 

 

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APC Secures All 13 Chairmanship Seats In Nasarawa LG Elections

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In a sweeping victory, the All Progressives Congress (APC) has claimed all 13 chairmanship positions in Nasarawa State’s local government elections.

The announcement was made late Sunday evening by Barr. Ayuba Usman, Chairman of the Nasarawa State Independent Electoral Commission (NASIEC).

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The election, held on November 2, covered leadership roles across Nasarawa’s 13 local government areas and 147 electoral wards.

APC emerged dominant, winning 140 out of the 147 available councillorship seats, while the Social Democratic Party (SDP) and Zenith Labour Party (ZLP) took seven seats combined. SDP secured five councillorship seats, while ZLP won two.

Usman provided a detailed breakdown of the APC chairmanship vote counts across the local government areas, with notable tallies in Lafia (217,573), Karu (146,450), Obi (93,486), and Nasarawa (96,358).

Reflecting on the election process, Usman described it as peaceful and well-participated.

He commended voters for their commitment to democratic principles, noting that despite a general trend of voter apathy in some areas, a communal consensus strengthened turnout.

Usman attributed the election’s success to a well-executed awareness campaign by NASIEC, collaboration with the Inter-Party Advisory Council (IPAC), and the effective deployment of security agencies to maintain public order.

Additionally, he cited the role of technology in streamlining the process, which he said contributed to the election’s efficiency and transparency.

The participation of 14 political parties underscored widespread confidence in the electoral process.

According to Usman, NASIEC remains committed to upholding democracy through free, fair, and credible elections in Nasarawa State.

Of the seven councillorship seats not won by APC, SDP secured four in Nasarawa-Eggon and one in Keffi, while ZLP took two seats in Doma.

 

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