The Socio-Economic Rights and Accountability Project (SERAP) has called on the governors and the FCT minister to account for and return the funds they have collected, or face legal action.
This follows the Supreme Court Judgement which ruled that the use of funds meant for local governments by the 36 governors of Nigeria is unlawful and unconstitutional.
The Supreme Court’s judgment, delivered by Justice Emmanuel Agim, declared that the practice of governors receiving and seizing funds allocated to local government areas (LGAs) is a clear violation of Section 162 of the 1999 Constitution. The court held that no state House of Assembly has the power to make laws that interfere with monies meant for LGAs and that LGAs must be governed by democratically elected officials.
The court ordered that funds meant for LGAs must be directly paid to them from the federation account, effective immediately.
This decision follows a suit filed by the Federal Government to secure financial autonomy for LGAs. The court dismissed preliminary objections filed by state governors to challenge the competence of the suit.
