Key Points
- The Supreme Court of Nigeria ruled that funds meant for local governments should be paid directly from the federal account, bypassing state governments’ joint accounts.
- Senior Advocate of Nigeria, Femi Falana, endorsed the ruling, emphasising its importance for transparency and accountability in Nigerian governance.
In a landmark ruling on Thursday, the Supreme Court of Nigeria declared that funds meant for local governments should be paid directly to them from the federal account, bypassing the state governments’ joint accounts.
This decision is seen as a significant move towards strengthening local government autonomy and enhancing public accountability. Senior Advocate of Nigeria, Femi Falana, shared his insights on the implications of this judgment.
Femi Falana’s Endorsement of the Judgment
Femi Falana, a seasoned advocate for public accountability, expressed his approval of the Supreme Court’s ruling. He emphasised that this judgment is a crucial step in the ongoing struggle for transparency and accountability in Nigeria’s governance.
“If Nigerians can own this system and are prepared to monitor the activities of local government officials, state government officials, and federal government officials, we can achieve political stability and security in our country,” the legal luminary stated when he appeared on Channel TV’s Sunrise Daily on Friday, monitored by Arbiterz.
Falana highlighted that this case is one of the rare instances of public interest litigation initiated by the Attorney General. He noted that despite multiple Supreme Court and High Court judgments affirming that governors lack the power to dissolve elected local government officials, many governors continue to do so.
According to Falana, 22 out of the 36 state governors have sacked local government officials and installed caretaker committees, contrary to Section 7 of the constitution.
Legal Practitioners and Constitutional Breaches
He criticised the Nigerian Bar Association for not having mechanisms to hold lawyers in public office accountable when they defy the constitution or fail to provide appropriate legal advice to government officials.
Falana firmly dismissed the argument that the constitution is ambiguous regarding local government autonomy. He stressed that Section 7 of the constitution clearly states that the system of local government in Nigeria shall be by democratically elected councils.
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The Supreme Court’s ruling addresses the misuse of funds allocated to local governments. Section 162 of the constitution mandates that money from the federal account should be paid to local governments through a joint state-local government account. However, Falana pointed out that these funds are often diverted and never reach the local governments. The Supreme Court ordered that henceforth, funds should be paid directly to the local governments.
Clarifying Misconceptions on Constitutional Provisions
Falana also addressed concerns about federal interference in local government affairs. He clarified that the Supreme Court’s ruling does not grant the federal government control over local government funds. Instead, it ensures that funds meant for local governments are not diverted by state governments.
He urged Nigerians to take an active role in holding local government officials accountable for the use of these funds.
“This judgment is a challenge to Nigerians to demand the budget of each local government and scrutinise the disbursement of funds,” Falana said. “We need to take a more active role in monitoring how our resources are being used,” he added.
He called for transparency at all levels of government, emphasising that public accountability is essential for good governance.
The Struggle for Local Government Autonomy
The Supreme Court’s decision to pay local government funds directly from the federal account is a significant victory in the long-standing struggle for local government autonomy in Nigeria. This struggle has seen multiple court cases and numerous judgments affirming the rights of local governments, yet state governors have often ignored these rulings.
Falana noted that out of Nigeria’s 36 states, 22 governors have dissolved elected local government officials and replaced them with caretaker committees. This practice directly contradicts Section 7 of the Nigerian constitution, which mandates that local government councils be democratically elected.
The Supreme Court’s ruling reaffirms this constitutional provision and aims to put an end to the impunity of state governors.
Ensuring Security and Development at the Grassroots Level
One of the key implications of the Supreme Court’s ruling is its potential impact on security and development at the grassroots level.
Falana argued that local governments will now be more accountable for security within their jurisdictions, as they will have direct control over their funds. This increased accountability could lead to better governance and improved security outcomes.
The Role of State Governments in Local Governance
Falana also addressed the role of state governments in local governance. He noted that while state governments will no longer control local government funds, they will still play a crucial role in overseeing local government activities.
He called for collaboration between state and local governments to ensure effective governance and development.
The Need for a Revised Revenue Allocation Formula
Falana urged state governments to focus on advocating for a revised revenue allocation formula that would provide them with more funds.
He argued that this would enable state governments to better fulfil their responsibilities and support local governments in delivering essential services.
The Importance of Public Engagement
Falana stressed the importance of public engagement in ensuring the success of the Supreme Court’s ruling. He called on Nigerians to take an active role in monitoring local government activities and holding officials accountable for the use of public funds. By demanding transparency and accountability, citizens can help ensure that resources are used effectively for development and governance.
Challenges and Opportunities Ahead
While the Supreme Court’s ruling is a significant victory for local government autonomy, Falana acknowledged that challenges remain.
He pointed out that many state governors have appointed caretaker committees in place of elected local government officials, which could undermine the effectiveness of the ruling.
However, he expressed optimism that the judgment would pave the way for greater public accountability and better governance.
The Role of the Judiciary in Upholding Constitutional Provisions
Falana praised the judiciary for its role in upholding constitutional provisions and ensuring that local governments receive their rightful allocations. He emphasised the importance of the judiciary in maintaining checks and balances and preventing the abuse of power by state governors.
The Supreme Court’s ruling on local government autonomy is a significant milestone in the ongoing struggle for transparency and accountability in Nigeria’s governance.
By ensuring that funds meant for local governments are paid directly to them, the ruling aims to reduce corruption and mismanagement at the state level and enhance public accountability.
Femi Falana’s insights highlight the importance of public engagement, collaboration between state and local governments, and judicial oversight in ensuring the success of this landmark judgment.
As Nigerians take advantage of this ruling to demand greater transparency and accountability, the country can look forward to better governance and development at the grassroots level.
