Ekiti News reports that the Supreme Court of Nigeria has declared that it is unconstitutional for state governors to withhold funds intended for local government administrations in the country.
In a lead judgment by Justice Emmanuel Agim, the Supreme Court held that it is unconstitutional for state governments to retain and use allocations meant for local government areas (LGAs) on their behalf without transferring the funds to them, as stipulated in Section 162(3) of the Constitution.
The Supreme Court made these pronouncements during its ongoing judgment in the suit filed by the Attorney General of the Federation (AGF), which seeks full autonomy for the LGAs.
Justice Agim stated that state governments have denied financial autonomy to local governments for over two decades. He noted that local governments have not been receiving the funds allocated to them, as state governors have been managing these funds instead.
Justice Agim noted that the 774 local government councils in the country should manage their funds independently and dismissed the preliminary objections raised by the defendants (state governors).
He affirmed that the Attorney General of the Federation (AGF) has the right to institute the suit to protect the constitution.
Therefore, the highest court directed that Local Government allocation from the Federation Account should be paid directly to them henceforth.