By Opatola Victor Esq

Dear Local Government Chairmen,

I trust this message finds you well. The recent Supreme Court judgment has decisively ruled that Local Government Councils in Nigeria are entitled to receive their allocations directly from the Federation Account. At this juncture, this judgment is final and binding, and all arguments are moot until and unless there is a review of the judgement. This judgment far from being a mere administrative adjustment, fundamentally reshapes the powers and responsibility and fiscal autonomy of local governments in Nigeria.

Legal Clarity and Constitutional Mandate

It is safe to conclude that by now all chairmen atleast have a copy of the judgment, read and understood it, or atleast gotten a lawyer to do same for you. The Supreme Court’s decision is not merely an interpretation of the law but a powerful, authoritative and clear directive that upholds the autonomy of Local Government Councils.

It explicitly prohibits State governments or governors from controlling, managing, or disbursing funds meant for Local Government Councils, the Court has underscored the constitutional boundaries that must not be crossed. The judgement is unequivocal and has no loophole to exploit. The previous practice where States acted as trustees and disburse local government funds is now deemed unconstitutional and illegal.

Those days are far gone. This judgement fortifies the constitutional separation of powers and ensures that each tier of government operates within its defined limits, thereby preventing undue interference in the financial autonomy of Local Government Councils. A reading of the judgement and the order of the Supreme Court’s Judgement will show, among other things, a clear declarative order:

“A declaration that the current practice of States keeping, controlling, managing and disbursing Local Government allocations from Federation Account is unconstitutional and illegal”