The Socio-Economic Rights and Accountability Project (SERAP) has asked President Bola Tinubu to stop paying federal allocations to states that have failed to conduct credible local government elections.
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 them 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 him 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 Supreme Court’s judgment and the rule of law.
It also stated that local government councils are entitled to direct payments from the Federation Account to promote good governance, people’s welfare, and the 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.
“According to our information, the Supreme Court of Nigeria recently ordered the Federal Government to directly pay funds in the Federation Account only to democratically elected local government councils and no other body or institution.
“The court also ordered the 36 state governors to ensure democratic governance at the local government level. Can countermine governors have no power to dissolve democratically elected local government councils within their states and replace the councils with caretaker committees? The court? Also, an order of immediate compliance was made by states with the terms of this judgment.
“According to our information, the Chairman of the Independent National Electoral Commission commissioner, Mahmood Yakubu, recently stated that ‘the conduct of local government elections in virtually all the states of the federation has become mere coronation of candidates of the ruling parties. It is time to stop the coronation and conduct proper elections.
“SERAP is concerned that local government elections in several states are susceptible to manipulation by governors and other actors.
“SERAP is concerned that state governors are failing to organise local government council elections, contrary to section 7(1) of the Nigerian Constitution.
“SERAP is also concerned about the allegations of corruption and mismanagement in the spending by governors of federal allocations meant for the local government councils in their states. Trillions of FAAC allocations received by Nigeria’s 36 states have allegedly gone down the drain.
