SERAP Asks Tinubu to Seize Funds of States Without Council Chairs

By Adedapo Adesanya

President Bola Tinubu has been asked by the Socio-Economic Rights and Accountability Project (SERAP) to starve states that have failed to conduct credible local government elections of funds from the federation account.

Based on a recent Supreme Court judgment, the federal government is required by law to directly credit accounts of local councils in the country and not through their state governments.

This has forced some states to conduct elections in local governments, with Rivers, Benue, Akwa Ibom, and Jigawa States conducting theirs on Saturday, October 5.

The group described the actions of some state governors of not allowing democracy at the grassroots as wrong and has asked the President for redress.

In a statement on Sunday, SERAP Deputy Director, Mr Kolawole Oluwadare, specifically asked President Tinubu to “direct Mr Olawale Edun, Minister of Finance and Coordinating Minister of the Economy, to immediately withhold federal allocations to states that have failed and/refused to conduct credible local government elections, and to ensure that any allocations from the federation account are paid only to democratically elected local government councils and no other body or institution.”

Mr Oluwadare 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 Nigerian Constitution 1999 [as amended] and ordered by the Supreme Court in its judgment of 11 July 2024.”

“Your government should enforce the Nigerian Constitution and to prevent public wrong, including by state governors,” he said.

“A democratically elected local government council does not and should not exist at the pleasure, whims and caprice of governors or their ‘political godfathers’.

“Your government also 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.

“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.

“Where the rule of law reigns, political expediency ought to be sacrificed on the altar of the rule of law so as to guarantee the continued existence of institutions created to promote social values of liberty, orderly conduct and development.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.

“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,” he added.