House Asks FG to Withhold Allocation of LGs Run by Caretaker Committees

Adedayo Akinwale in Abuja 

The House of Representatives has called on the federal government to withhold local government allocation for local governments run by officials not elected democratically. 

It also directed Revenue Mobilisation and Allocation (RMFAC) to create a special account into which such monies would be paid until democratically elected representatives are put in place by such state governments. 

It would be recalled that the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), recently instituted a suit on behalf of the Federal Government, before the Supreme Court, against the 36 state governors in the country while seeking full autonomy for local governments.

In a suit marked SC/CV/343/2024, the AGF urged the apex court to issue an order, prohibiting state governors from unilateral, arbitrary and unlawful dissolution of democratically elected LG leaders.

The resolution of the House followed the adoption of a motion on the urgent need to address refusal of state governments to uphold democratic principles in the local government and the financial impropriety in unelected local government officials moved at the plenary on Tuesday by Hon. Gaza Jonathan and Hon. Ademorin Kuye. 

Moving the motion, Jonathan said Section 7 of the Constitution guarantees the system of local government run by democratically elected officials and prescribed that State government should ensure their existence 

He added that by virtue of section 8 of the 1999 constitution as amended, it mandated the State House of Assembly to make laws for the establishment, tenure, structure, composition, finance and functions of these councils Stipulated by the constitution. 

The lawmaker added that the local government, as envisaged by the constitution, is the most important tier of government as it is the closest to the people and the obvious foundation of both the sub-national and the federal government. 

Jonathan recalled that in December 2023, the Senate adopted a resolution to stop allocation to some state after debate on a motion sponsored by the Senate Minority Leader, Senator Abba Moro on the urgent need to halt the erosion of democracy, as more senators urge the extension of sanctions to other states that have usurped and upended democratically elected council officials and had installed unelected caretaker executives. 

He expressed concern that the dissolution of democratically elected council officials was in direct contravention of Section 7 of the Nigerian Constitution, the supreme court pronouncement on such matters and a deliberate affront on democracy. 

Jonathan further expressed worry on the increasing number of states acting with such impunity and constitutional disregard as about 21 states governors are currently running councils with caretaker committees 

He expressed dismay that this impunity and constitution disregard was a deliberate effort to upstage democracy, shrink the development potential of Local Councils, enshrine lack of accountability and limit transparency in Local governments and the state as a whole. 

The House, therefore, mandated “the House Committee on Finance, Revenue 1 Mobilisation and Allocation to withhold local government allocation for Local Government run by Officials not elected democratically. 

“In the alternative, direct RMFAC to create a special account into which such monies will be paid until democratically elected representatives are put in place by such state governments. 

“Mandate the office of the Attorney General of the Federation to institute legal action against any state that terminates the unexpired tenure of local 
government administration and direct RMFAC to withhold allocations due to such Local Government.”

Mandate the Committee on Legislative Compliance to ensure compliance of same.

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