NEWS
SERAP Sues Govs, FCT Minister Over Missing N40 Trillion LGA Allocations
The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against Nigeria’s governors and the Minister of the Federal Capital Territory, Abuja, Nyesom Wike over alleged missing N40 trillion federal allocations for the third tier of government.
The not-for-profit claimed that its action followed the damning revelations by former president Muhammadu Buhari who in December 2022 stated that, “If the money from the Federation Account to the State is about N100m, N50m will be sent to the chairman but he will sign that he received N100 million. The chairman will pocket the balance and share it.”
In the suit number FHC/ABJ/CS/231/2024 filed last Friday at the Federal High Court, Abuja, the SERAP prayed the court to “direct and compel the governors to publish details of LGA allocations and actual disbursement of the allocations to local governments in their respective states from 1999 to date.”
The SERAP also asked the court to “compel and direct Mr Wike to publish details of federal allocations meant for the Area Councils in the FCT and the actual disbursement of the allocations to the Area Councils in the FCT from 1999 to date.”
The SERAP’s argument in the suit was that, “The Nigerian Constitution 1999 [as amended], the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights impose transparency obligations on the governors and Mr Wike to publish the details of LGA allocations and actual disbursement in their states and the FCT.”
Consequently, the SERAP was arguing that, “State governors and Mr Wike cannot hide under the excuse that the Freedom of Information Act is not applicable to their states and the FCT. The legal obligations to publish the information sought are also imposed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.”
According to the SERAP, “It is in the public interest and the interest of justice to grant this application. Nigerians are entitled to their constitutionally and internationally recognized human right to information.”
The SERAP also argued that, “Transparency in the actual disbursement and spending of federal allocations meant for local governments is fundamental to increase accountability, prevent corruption, and build trust in democratic institutions, and strengthen the rule of law.”
The not-for-profit maintained that, “States and the FCT should be guided by transparency and accountability principles and proactively publish information pertaining to their actual disbursement and spending of federal allocations meant for local governments.”
The suit was filed on behalf of the SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo.
It read in part, “Opacity in the amounts of federal allocations actually disbursed to local governments in the states and FCT has continued to have negative impacts on the fundamental interests of the citizens.
“The constitutional principle of democracy provides a foundation for Nigerians’ right to know details of spending of public funds. Citizens’ right to know promotes openness, transparency, and accountability that is in turn crucial for the country’s democratic order.
“The Nigerian Constitution, Freedom of Information Act, and the country’s international obligations rest on the principle that citizens should have access to information regarding their government’s activities.
“Implicit in the freedom of expression is the public’s right to know what governments are doing on their behalf, without which truth would languish and people’s participation in government would remain fragmented.
“Transparency would ensure that the allocations are not diverted into private pockets, and increase public trust that the money would be used to benefit Nigerians resident in these local government areas.
“Many years of allegations of corruption and mismanagement of federal allocations meant for local governments have contributed to widespread poverty, underdevelopment and lack of access to public goods and services in several states.
“Granting the reliefs sought would ensure transparency and accountability in the actual disbursement and spending of federal allocations in the states and FCT would also improve the enjoyment by Nigerians of their right to natural wealth and resources.
“The governors and Mr Wike have a legal responsibility to promote transparency and accountability in the actual disbursement and spending of federal allocations meant for local government areas in the states and FCT and to ensure that the allocations are dully and fully disbursed to the local governments.
“Despite the country’s enormous oil wealth, ordinary Nigerians have derived very little benefit from oil money primarily because of widespread grand corruption, and the culture of impunity of perpetrators.
“Combating the corruption epidemic in the spending of federal allocations meant for local government areas in the states and FCT would alleviate poverty, improve access of Nigerians to basic public goods, and enhance the ability of the local governments to effectively and efficiently discharge their constitutional and statutory responsibilities.
“According to our information, the 36 states in Nigeria and the federal capital territory, Abuja, have collected over N40 trillion federal allocations meant for the 774 local governments areas in the country and FCT.
“The Federation Account Allocation Committee (FAAC) disbursed to states N225.21 billion federal allocations meant for local governments in November 2023 alone. States also collected N258,810,449,711.47 federal allocations meant for local government areas in December 2023.
“However, there is opacity in the actual disbursement of federal allocations to the local government areas in the states and FCT. States and the FCT have over the years failed and/or refused to disclose the portion of federal allocations that are disbursed to local governments.
“Former president Muhammadu Buhari recently alleged that state governors routinely pocket or divert federal allocations meant for local governments areas in their states.
“According to Buhari, ‘If the money from the Federation Account to the State is about N100 million, N50 million will be sent to the chairman but he will sign that he received N100 million. The chairman will pocket the balance and share it with whoever he wants to share it with.’
“Section 162(6) of Nigerian Constitution 1999 (as amended) provides that each state shall maintain a ‘State Joint Local Government Account’ into which all allocations to local government councils from the Federation Account and from the Government of the State shall be paid.
“Section 162(5) makes it mandatory that amounts standing to the credit of the councils will be allocated to the States for the benefit of their local government councils.
“Section 15(5) of the Nigerian Constitution requires public institutions to abolish all corrupt practices and abuse of power. Section 16(2) further provides that, ‘the material resources of the nation are harnessed and distributed as best as possible to serve the common good.’”
Human rights activist, Omoyele Sowore has rejected the bail conditions set by the Nigeria Police Force (NPF) following his invitation for questioning over a viral video he posted, which highlighted alleged extortion by police officers on the Murtala Muhammed International Airport Access Road in Lagos.
In a post on his X account on Monday, Sowore stated, “I have rejected a bail condition asking me to present a level 17 Permanent Secretary. Instead, I have offered to remain in police custody pending when the joke is over with.”
This came after Sowore was informed by the Deputy Inspector General of Police at the Federal Intelligence Department (FID) that bail would be granted pending the completion of the investigation into the matter.
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The police have charged Sowore with multiple offenses, including resisting and obstructing public officers, disobedience to lawful orders, acts intended to cause harm, cyberstalking, and refusal to assist public servants.
This follows his recording of a video in which he confronted officers allegedly setting up roadblocks for the purpose of soliciting bribes.
Sowore’s decision to reject the bail conditions stemmed from his refusal to accept terms that he deemed unreasonable and compromising.
“I have also advised the DIG that in accepting ‘bail,’ I will not agree to conditions that compromise my innocence, dignity, and integrity. If such unreasonable conditions are imposed, I will choose to remain in detention until I am charged to court,” he added.
Sowore further criticized the investigation, calling it an exercise in impunity and asserting that no crime had been defined in relation to his case.
Earlier, Sowore revealed that he had completed his “interview” with the police at the Force Intelligence Department (FID) in Abuja, where he was questioned about the viral video. “
The police relied on a rehashed set of information sourced mostly from the internet,” Sowore explained.
When he asked them to identify the location of the alleged crime, they provided a vague response, mentioning only the airport road. He chose not to provide a written statement, noting that in the absence of a defined crime, there was no need for such a process.
Sowore also reported that the police took a break during the session, later informing him that they were awaiting further instructions from higher authorities.
He expressed concern that the police were planning to take him to Lagos for a “kangaroo trial.” “It seems their plan is to detain me and take me to Lagos for a kangaroo trial. However, I am prepared to face any consequences,” he said.
In a direct challenge to the leadership of the Nigerian police, Sowore reiterated his stance against the current Inspector General of Police, Kayode Egbetokun, whom he accused of extending his tenure illegally.
“I made it clear to the team that the matter revolves around my publicly stated view that the Inspector-General of Police, Kayode Egbetokun, who is due for retirement and clearly tired, had his tenure extended illegally,” Sowore stated.
Despite the mounting pressure, Sowore remained resolute, asserting that his fight for justice would continue.
“We are entering a promising year, and our fight for justice will persist,” he concluded, with the hashtag #RevolutionNow, further solidifying his commitment to advocating for human rights and challenging the impunity within Nigeria’s police force.
The Sokoto State Government, led by Governor Ahmed Aliyu, has announced the implementation of the revised N70,000 national minimum wage for all state civil servants, local government employees, and the Local Government Education Authority.
This new policy will take effect on Monday, signaling a significant step towards improving workers’ welfare in the state.
Governor Aliyu, in a statement issued by his Press Secretary, Abubakar Bawa, emphasized that the new minimum wage reflects his administration’s commitment to ensuring the well-being of Sokoto’s workforce.
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He also encouraged civil servants to match the gesture with greater dedication, professionalism, and hard work.
“With the commencement of the payment of this new national minimum wage, we expect renewed commitment, hard work, punctuality, and, above all, seriousness from our civil servants,” the governor remarked.
Aliyu also reassured workers that his administration is committed to maintaining timely salary payments, with salaries to be paid between the 19th and 22nd of each month.
This consistent schedule is designed to further solidify Sokoto State’s reputation as a worker-friendly administration.
In addition to the new wage policy, the governor has placed a high priority on clearing the backlog of unpaid gratuities owed to retired workers.
A total of N500 million will be allocated monthly to offset these outstanding payments, with an additional N300 million designated for retirees who left service in 2023 and beyond.
Governor Aliyu assured the public that by the end of his tenure, no civil servant would be left owing gratuities.
“This strategic approach ensures that by the end of my administration, no civil servant will be owed gratuities,” Aliyu stated, highlighting the stark contrast with previous administrations where salary delays often stretched beyond 50 days, leaving workers facing financial uncertainty.
Muhuyi Rimingado, the Chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC), has accused a suspect under his agency’s investigation of orchestrating his recent arrest.
Rimingado, who was detained last week, described the incident as a direct consequence of his work in tackling corruption, asserting that “corruption is fighting back.”
Appearing as a guest on Channels Television’s The Morning Brief programme on Monday, Rimingado explained that the arrest was part of a larger attempt to undermine his efforts.
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“When you fight corruption, corruption will fight back. Anti-corruption fight (is) fair but corruption fight is dirty,” he said.
Rimingado revealed that three federal agencies had been mobilized against him, alleging that “there are lots of activities going around targeted against my person.”
He connected the arrest to an investigation into a massive fraud case involving the former Managing Director of the Kano Agricultural Supply Company Limited (KASCO).
According to Rimingado, his commission uncovered that N4 billion of Kano State Government funds had been siphoned through various entities.
As part of the investigation, his commission seized assets linked to the crime in accordance with legal procedures. After charging the accused to court, Rimingado said the suspect sought to unlawfully seize the evidence.
“He came up with a series of tactics to snatch away the exhibit of the crime, and that is not allowed in law,” he explained.
To prevent tampering, Rimingado’s commission moved the seized property to a safer location.
He believes that this action prompted the police to arrest him, stating, “When they cannot wait for the court processes and they know they cannot succeed in that case, they now activate the police to arrest me.”
The police officers who detained him accused him of abuse of power, mischief, and trespass, charges Rimingado vehemently denied. “My commission is empowered by law to prosecute suspects of corrupt practices,” he stated.
As of now, the police have not issued any comment on the ongoing developments.
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