The 37 Local Government Development Centres (LGDC), created in Lagos in 2003, during the tenure of President Bola Ahmed Tinubu, as Governor of the state, may have been dealt a hard blow, as they will no longer be captured in the funding bracket of the state, going by the interpretation of Thursday’s ruling of the Supreme Court, by some legal minds.
One of those who believe that by the judgement, the councils have lost their source of funding, following the pronouncement of the courts that allocations from the Federation Account be paid directly into the accounts of recognised entities is, Mike Ozekhome, Senior Advocate of Nigeria (SAN).
Lagos has 20 local governments originally created by the Federal Government, while the 37 LGDCs, were created by the Tinubu administration, in a bid to further take governance to the grassroots, a development, which led to a bitter feud between the government and the Federal Government under the President Olusegun Obasanjo.
In fact, throughout the period Obasanjo was in power after the creation of the LGDCs, the state was denied its council allocations, as a punishment to the state, following the former President’s aversion to the move.
It was only the government of Umaru Yar’Adua, Obasanjo’s successor, who released the entire entitlements to the state, when he assumed power in 2007, after the state had funded the councils from its own resources for four years.
Ozekhome, a renowned constitutional lawyer, who was a guest of The Morning Brief, a breakfast programme on Channels Television, on Friday, told his host that Thursday’s apex court judgement on the autonomy of the councils, made it clear that the Federation Account Allocation Committee (FAAC) would not send funds to local government areas headed by caretaker committee chairmen, or development centres.
Hear him: “The judgement of the government is clear. If you want to receive funds from the federation account, then conduct an election. If what you have in place is a caretaker committee as local government chairman, be sure that it will not have money from the federation account.
“What this law is saying is that if you are not a democratically elected local government council, you cannot have this money under section 162 subsection 5 and 6 of the 199 Constitution. So, what it means is that money should now be ploughed to those local governments that are in existence democratically.”
The only remedy, he stated was for the state to find ways of funding the development centres from the allocations of the councils, adding: “They can do that internally to share. That is their internal business. Nobody can control that one. But for now, the money can only go to those local government areas named in the constitution. Don’t forget they are even named in the constitution, 774 local governments. If you want money from the federation account, such councils must be democratically elected.”
The apex court not only endorsed full local government autonomy and ordering that funds from the FAAC be paid directly to their accounts, but also barred governors from henceforth dissolving democratically elected officials for local governments adding that doing so would amount to a breach of the 1999 Constitution.