The Federal Government has announced plans to assess state laws regarding local government (LG) elections and investigate why certain states have delayed these elections. During a recent statement in Ekiti, the Attorney General of the Federation, Mr. Lateef Fagbemi, emphasized that the government is committed to enforcing the Supreme Court ruling pertaining to LG autonomy. Currently, there are approximately 164 Local Government Areas (LGAs) within eight states—namely Ondo, Osun, Katsina, Cross Rivers, Nasarawa, Abia, Ogun, and Zamfara—that have yet to hold elections. President Bola Tinubu is rumored to potentially act on the Supreme Court ruling by the end of October, which may involve withholding federal allocations from these affected LGAs.
The analysis indicated that various states have different numbers of LGAs due for elections, with Ondo accounting for 18, Osun 30, Katsina 34, Cross Rivers 18, Nasarawa 13, Abia 17, Ogun 20, and Zamfara 14. The Supreme Court’s ruling has underscored that it is illegal and unconstitutional for state governors to retain funds designated for local councils under the State and Local Government Joint Account. The AGF has pointed out that governors are typically resisting this decision and that a report from a ten-member inter-ministerial committee, tasked with implementing this ruling, is expected soon. Anambra State’s Governor, Prof. Chukwuma Soludo, raised concerns about granting full autonomy to LGs, fearing it might lead to chaos without proper planning.
Fagbemi reiterated the importance of adhering to the Supreme Court’s judgment and dismissed claims regarding a supposed three-month moratorium for state governments on implementing the ruling. He stressed the necessity of ensuring that all relevant state laws are followed during electoral processes to prevent legal complications. The Attorney General voiced the need for careful planning to avoid problems during the full implementation of the judgment while refuting the notion of any grace period for state governments to delay the elections further.
In 2019, under former President Muhammadu Buhari, the Nigerian Financial Intelligence Unit stipulated regulations that restricted state governors from administrating funds allocated to LGAs, mandating that funds be sent directly to local government accounts. However, governors have protested against these measures, leading to a retraction by the NFIU. In May 2023, the Federal Government filed a lawsuit challenging the governors’ powers to dissolve elected councils and replace them with caretaker committees, asserting that the constitution mandated a democratically elected local government system and forbade alternative governance structures.
On July 11, 2024, the Supreme Court made a landmark decision that affirmed the financial autonomy of LGs, stating that governors could no longer control funds meant for local councils. This decision mandated direct payments of LG allocations from the Accountant-General of the Federation. Following this ruling, a ten-member inter-ministerial committee was established to oversee the implementation pertaining to LG autonomy, consisting of multiple financial and government officials. With enhancements noted, allocations to the 774 LGAs rose significantly compared to the previous year.
The local government allocations will be a vital factor in maintaining operations, including salary payments, particularly as elections approach. For instance, the Osun State government reassured that local government allocations would not be impacted since elections were scheduled. Similarly, Ogun State officials indicated plans to conduct elections, with officials expressing confidence regarding the continuation of salary payments amidst the legislative changes. In Ondo State, while there are concerns regarding potential funding issues due to the delay in elections, local employee unions have reported negotiations with the state government to tackle these challenges, assuring that their salaries would not be jeopardized. Each state appears to be strategizing to comply with the Supreme Court ruling whilst ensuring the stability of governance and administrative functions across their respective LGAs.
