Henceforth, No Governor Shall Fiddle, Or Tamper With LG Allocation- Supreme Court

Nigeria’s Supreme Court has ordered ALL GOVERNORS to henceforth, steer clear of the funds meant for its 774 Local Government Areas. The Court says the control of Local Government Authority’s LGA Funds by States is unconstitutional.

The Supreme Court rules on 11th July 2024, that…….

Section 116 of the constitution states that funds in the federation account shall be paid to the third {3} tiers of government, so does not contemplate a joint account between States and Local Government Councils, LGCs
The constitution did not intend for states to retain and disburse funds on behalf of LGCs
Court ruled that the Federation Account is to directly send LGCs funds to LGCs since states have continued to retain and use LGC funds
Section 162(5) overruled payment through the states. The Federation Account And Allocation Commission, FAAC, will henceforth pay Local Government Council, LGC, allocations directly to the LGCs
Government At LGAs: Section 77 Mandatory duty on States to ensure the existence of LGCs
A democratically elected government does not exist at the whims and caprices of State Government or a mere parastatal of State Government. The Existence of a democratically elected Local Government is sacrosanct
Local Government Council LGC Chairmen and elected councillors cannot be whimsically removed by the State Governments
The State Governor has no power to constitute Caretaker Chairmen
Governors and State Assemblies have no power to usurp state power using laws enacted by the State House of Assembly to dissolve democratically elected Local Government Administration and appoint a Caretaker
Immediate compliance ordered
It declared any action contrary to the above as illegal and a breach of the Constitution of Nigeria
State Assemblies lack the authority to pass any law to dissolve democratically elected Local Government Councils, LGCS
The decision of the Supreme Court shall be enforced by all organs of Governments across the federation.