The Supreme Court of Nigeria on July 17, 2024 delivered an explicit judgement directing the Federal Government to pay the allocation of monthly Federal allocation of the 774 local governments directly to them.
The apex court also directed the local governments to immediately open accounts with the Central Bank of Nigeria (CBN) to enable them receive their own share of the FAAC directly.
This landmark ruling by the Supreme Court followed a suit filed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN with the aim of granting the third tier of government (LGs full financial autonomy.
Nigerians across board failed the judgment and described as long overdue. There were wide jubilations that the long awaited autonomy for the councils was finally going to take effect.
There was palpable hope that real development will kick off in earnest at the third tier, which is undoubtedly closer to the people at the grassroots.
It is therefore saddening to note that more than two years after the judgment, that both the Federal and State governments have bluntly refused to comply with a simple and lucid ruling of Nigeria’s apex court.
The National Union of Local Government Employees (NULGE) confirmed this sad development last week. The union stated that no local government, out of the 774 recognized by the Nigerian Constitution is receiving money from the Federation account through the CBN.
How could the federal and state governments so wilfully ignore the express order of the highest judicial body of the land? How come the federal government which initiated the suit in the first place, is unable to enforce compliance with the outcome of the case?
Definitely, something strange and untowards must be happening to have warranted ignoring the express judgement of the court.
It has therefore become expedient for the 774 LGs to return to the court to challenge the federal and state governments and comply with the July 17, 2024 judgment. It’s about time to do what is right without delay.
Sunday Southerner believes that the continued delay in remitting the local governments share of FAAC is unlawful and outright breach of the law. It is a manifestation of the Hobbesian order which does not augur well with best practices.
Indeed, it is a shame that we are still arguing over granting financial autonomy to the councils in 2026, when the constitution is clear an unambiguous that the LGs represent the third tier of government.
We therefore as in the Accountant General of the Federation, who presides over the monthly distribution of FAAC, to immediately take steps that will ensure compliance with the valid judgement of the court. Anything to the contrary is unacceptable.
On the contrary, both the federal and state governments must return to the court to vacate the said judgment if it has been found to be in justiciable. To do nothing and allow the ruling estay in abeyance cannot be the right thing to do in this circumstance.
What we seek ultimately is the enthronement of the rule of law and good governance, especially at the grassroots, where majority of Nigerians live. It is also our contention that such developments at the local level would help curb rural-urban migration in the country.
The time to catalyse real growth at the grassroots is now. Enough of the procrastination and ambivalence on a matter explicitly stated in the constitution and expressly reinforced by a judgement of the Supreme Court.
