Pay Allocations To Only States With Democratic LG Councils, SERAP Tells Tinubu

The Socio-Economic Rights and Accountability Project (SERAP) has asked President Bola Tinubu to stop the payment of federal allocations to states that have failed to conduct credible local government elections in the country.

SERAP specifically asked President Tinubu to instruct the Minister of Finance and Coordinating Minister of the Economy to withhold the allocations to ensure that funds from the Federation Account are paid only to democratically elected local government councils and no other body or institution.

The civil society, which made the demands in an open letter dated October 5, 2024, and signed by its Deputy Director, Kolawole Oluwadare, gave the government a seven-day ultimatum to meet the demands or face legal action.

The organisation also urged the President to provide details of the number of local government councils that have directly received federal allocations and whether the councils are democratically elected, as provided for by the 1999 Constitution and ordered by the Supreme Court in its judgment of July 11, 2024.

SERAP further asked Tinubu to promptly invite the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and Economic and Financial Crimes Commission (EFCC) to jointly track and monitor the spending of FAAC allocations by democratically elected local government councils across the country.

It maintained that the federal government must enforce the Constitution and prevent public wrongs, including those perpetrated by state governors.

SERAP also stated that a democratically elected local government council does not and should not exist at the pleasure, whims and caprice of governors or their ‘political godfathers.’

The organisation insisted that the President has the constitutional obligation to ensure accountability for the spending of federal allocations and immediate compliance with the judgment by the Supreme Court and the rule of law.

It also stated that the local government councils are entitled to a direct payment from the Federation Account to promote good governance, people’s welfare and development of local government areas across the country.

SERAP stated, “It will be entirely consistent with the rule of law to immediately withhold federal allocations to states that have failed and/refused to conduct local government elections and to ensure that any allocations from the Federation Account are paid only to democratically elected councils and no other body or institution.”

SERAP expressed concerns that local government elections in several states are susceptible to manipulation by governors and other actors, noting also that the governors are failing to organise LGAs elections, contrary to Section 7(1) of the Nigerian Constitution.

It further expressed concerns over allegations of corruption and mismanagement in the spending by governors of federal allocations meant for the local government councils in their states, noting that Trillions of FAAC allocations received by Nigeria’s 36 states have allegedly gone down the drain.

“The resulting human costs directly threaten the human rights of socially and economically vulnerable Nigerians.

“Despite the increased allocation from FAAC, millions of residents in several states continue to face extreme poverty and lack access to essential public goods and services.

“The reported removal of petrol subsidy and the flotation of the naira by the Federal Government has translated into increased FAAC allocations to states and the FCT. However, there is no corresponding improvement in the security and welfare of millions of Nigerians.’’

SERAP said Section 162(3)(5) of the Nigerian Constitution provides that the allocations to local governments in the Federation Account shall be paid directly to them.

It added that state governors have no power to keep, control, manage, or disburse any manner of allocations from the Federation Account to local government councils.

It noted that 36 states in Nigeria and the federal capital territory, Abuja, have reportedly collected over N40 trillion federal allocations meant for the 774 local governments areas in the country and FCT.

SERAP said FAAC disbursed N225.21 billion federal allocations meant for local governments to states in November 2023 alone.

It also said states also collected N258, 810,449,711.47 federal allocations intended for local government areas in December 2023.