By Salisu Abdulazeez Lawal INTRODUCTION The 11th day of July, 2024, should have been a historic day for every citizen as the Supreme Court d...
By Salisu Abdulazeez Lawal
INTRODUCTION
The 11th day of July, 2024, should have been a historic day for every citizen as the Supreme Court delivered a landmark judgment affirming the financial autonomy of the 774 Local Government Councils. It also ordered that the Federation Account Allocation Committee (FAAC) allocations to these Local Government Councils be credited directly into their respective bank accounts.
Initially, this journey began with the legislative move by the Nigerian Senate, which passed the Local Government Financial Autonomy Bill. Ninety-two out of 109 senators voted in favor of granting financial independence to the 774 Local Government Councils across the country. Both judicial and legislative efforts aim to amend the 1999 Constitution of the Federal Republic of Nigeria and ensure that local governments, like states, have direct access to their allocated funds without interference from state governments.
However, six months after the Court’s order for the direct disbursement of allocated funds to local government accounts, the implementation remains stalled. This raises serious questions about the effectiveness of the Supreme Court's orders and the broader issue of autonomy for Nigeria’s third tier of government.
SUPREME COURT VS. STATE GOVERNORS
The Supreme Court’s decision was a significant milestone in ensuring the financial autonomy of Local Governments. By mandating that FAAC allocations be paid directly into the councils’ bank accounts, the Court sought to eliminate intermediaries and bureaucratic bottlenecks that have historically delayed fund disbursement. The decision was intended to empower Local Governments, enhance their autonomy, and promote more effective governance at the grassroots level. However, the gap between the Court’s judgment and its implementation highlights the challenges of achieving Local Government autonomy.
Despite the clarity of the Supreme Court’s ruling, the non-compliance by many state governments raises numerous concerns. A key question is: Who is responsible for ensuring compliance with the Court’s order?
The ruling did not explicitly designate an agency or entity to oversee its implementation, leaving a gray area regarding accountability.
It can be argued that the Accountant General of the Federation, as the custodian of the Federation Account, bears primary responsibility for ensuring that funds are disbursed in accordance with the Court’s directive. The Accountant General must ensure that the necessary funds are transferred directly to Local Government accounts, bypassing intermediaries that have historically caused delays or mismanagement.
Additionally, while the Attorney General has reportedly signaled an intention to act against non-compliant states, the question remains: Does the Attorney General have the authority to enforce such action? The mechanisms for practical enforcement of the Court’s order are still unclear.
WHERE DOES THE SOLUTION LIE?
The Supreme Court could issue further directives to relevant authorities, such as the Accountant General and state governments, compelling them to comply with its ruling. Such intervention would reinforce the judiciary’s commitment to upholding its decisions and ensuring the proper functioning of Nigeria’s federal system.
The Attorney General’s office should explore legal remedies to enforce compliance, such as contempt proceedings against individuals or entities that obstruct the implementation of the Court’s order. Strong legal action would serve as a deterrent against future non-compliance and reinforce judicial authority.
Civil society organizations and the media also have a critical role in raising awareness about the importance of this issue. Public advocacy can help ensure that citizens hold their leaders accountable for upholding the law and implementing the Court’s orders.
To prevent future delays or misappropriation, regular monitoring and reporting on fund disbursement are essential. Transparency in the allocation process will not only ensure compliance but also enhance accountability and reduce opportunities for corruption or misuse of public funds.
CONCLUSION
The continued non-compliance with the Supreme Court’s order undermines the principles of federalism and Local Government autonomy that the judgment sought to uphold. It is imperative that relevant authorities take immediate and decisive steps to rectify the situation. By doing so, they will demonstrate a commitment to the rule of law and good governance, ensuring that the Supreme Court's decision is fully adhered to and respected. Only through cooperative action, law enforcement, and transparency can Nigeria empower its Local Governments to serve their citizens effectively and efficiently.
ABOUT THE WRITER
Salisu Abdulazeez Lawal is a dynamic third-year law student at the prestigious Ahmadu Bello University, Zaria. He is a legal writer, researcher, poet, and clinician. He can be reached via email at Abdulazeezsalisulawal@gmail.com or by phone at 08139952399.
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