Several legal practitioners have strongly criticized the delay in executing the Supreme Court ruling on local government financial autonomy, arguing that it undermines the rule of law and the judiciary’s authority.
The Supreme Court delivered a groundbreaking judgment on July 11, 2024, affirming the financial independence of the 774 local governments in Nigeria and stipulating that governors no longer have control over the councils’ funds.
The apex court instructed the Accountant-General of the Federation to directly transfer LG allocations to their accounts, declaring the states’ non-remittance of funds as unconstitutional.
Despite the ruling, NewsNow noted that more than a month later, the apex court’s directive had not been adhered to.
In July 2024, the disbursements by the Federation Allocation Account Committee surged to N1.354tn, with LGs receiving N337.019bn.
During the FAAC meeting in July, chaired by the Minister of Finance and Coordinating Minister of the Economy, Wale Edun, the Federal Government received N459.776bn, states received N461.979bn, LGs obtained N337.019bn, and oil-producing states were allocated N95.598bn as derivation (13% of mineral revenue).
The Association of Local Governments of Nigeria expressed frustration over the delay in direct payment of funds into LG accounts.
The Incorporated Trustees of ALGON accused state finance commissioners of colluding with governors to block the direct allocation payments from the federation account to the 774 LG accounts.
Legal experts including Prof. Sam Erugo (SAN), Wahab Shittu (SAN), and Joseph Otteh condemned the decision to postpone the judgment’s implementation, labeling it an unlawful and contemptuous act against the court’s immediate directive.
They urged any concerns about the implementation to be addressed through proper legal channels, like seeking amendments to the original orders from the Supreme Court instead of delaying or modifying the judgment execution.
Prof. Erugo remarked, “The delay agreement raises concerns about the lack of an established structure for direct remittance to local governments or proper fund administration, which could impede immediate implementation.”
He also emphasized the need to address the issue of conducting credible local government elections before fully enforcing the judgment.
Shittu criticized the recent postponement agreement for implementing the Supreme Court’s financial autonomy ruling for local governments, deeming it both illegal and contemptuous.
He vehemently opposed any delay or alteration to the Supreme Court judgment, labeling it a breach of the law.
“Once the Supreme Court issues a judgment, it should be promptly enforced without modification,” Shittu stressed.
Shittu further denounced the delay agreement as void and illegal, stating, “Any attempt to postpone or revise the judgment amounts to an unlawful amendment of the Supreme Court ruling.”
Otteh added, “Any arrangement that compromises the immediate enforcement of court judgments violates the rule of law and the Supreme Court’s decisions.”