Oyo state Governor Seyi Makinde has said the Supreme Court judgement granting autonomy to the local government councils across the country has created a lacuna between the decision and the Constitution of the Federal Republic of Nigeria.....KINDLY READ THE FULL STORY HERE▶
He also said despite the verdict, the Federation Account Allocation Committee (FAAC) will still pay the local government allocations into the States/Local Governments Joint Account as stipulated in the 1999 Constitution.
…What the Constitution says
Section 162(3) of the Constitution stipulates that “Any amount standing to the credit of the Federation Account shall be distributed among the Federal and State Governments and the Local Government Councils in each State on such terms and in such manner as may be prescribed by the National Assembly.”
Specifically, Governor Makinde said the FAAC will, at its Tuesday (July, 16) meeting, delay the implementation of the decision for the next 90 days.
The governor stated this at an emergency consultative stakeholders’ meeting in Ibadan, held at the Executive Chamber of the Governor’s Office, during which he set up two committees namely technical and legal committee to review the apex court’s verdict.
The committee was given four weeks to present her report to the government.
Makinde said: “Let me thank you all for joining this important consultative meeting. I want us to discuss the decision of the Supreme Court as it concerns the financial autonomy of the local government councils.
“I believe a lacuna has been created between the decision and the constitution of the Federal Republic of Nigeria. We all swore to uphold the constitution but the law is the law. If the law is in conflict, it behoves us to look for our home-grown solution that can ensure that we have transparency and operate with our people. This is because when two elephants are fighting, the grass will suffer.
“Let me also recall that since the beginning of this administration, we have conducted two local government elections and I dare to say ‘did I not tell you’? When I was sworn in, I dissolved the local government. The Supreme Court just basically said to us that governors don’t have the right to dissolve the councils but why did I dissolve them then?
“It was because elections were held into the LCDAs and the same Supreme Court has now said that only 774 LGAs are in Nigeria. So, there is confusion in the land, but when you have confusion, what it means is that the structure is shaking and we have to remove much of that confusion as much as possible.
“So, we will be outlining the major challenges we have at the local government areas so that we can develop our own solution. And the challenges if addressed, will ensure that we have a seamless implementation of the process that can allow Oyo State to continue to grow.”
“On the issue of LG elections in Oyo State, we don’t have caretaker committees at the local level. We planned the elections in a way that not a single day was given out. We have a responsible government in Oyo State, we don’t need the federal government to tell us what to do. We know what is good and we know what is good for our people.
“Go back a little bit, what we inherited as an administration in 2019 was a local government system that was owing backlog of salaries, gratuities, and pensions. I am saying this because Oyo State will get out of this even stronger. We are people that know what is good for our people. We can run our affairs by ourselves. The FG is not superior constitutionally to the state government though they have more resources than the states. So, we can do what is right in Oyo State and we have been doing what is right.
“For the primary school teachers, the Chairman of NUT is here. Before we came in, leave bonuses were last paid in 2017 and we paid that in 2018, 2019, 2020, 2021, 2022, and 2023. The Primary healthcare facilities and inner roads were all in bad shape. We have been working collaboratively with the LGs to deliver dividends of democracy to our people.
“We were able to clear those salary arrears. We paid N18bn in pension and gratuities over these periods. We upgraded about 209 PHCs, equipped about 264, and completed 60 model schools. We constructed and renovated hundreds of primary school classrooms and fixed some inner roads but there are still challenges that we have to address. We still have a backlog of gratuities and pensions.
“The local government is owing about N55bn in pension and gratuities. We are developing infrastructure that would push the economy and raise the living standard of their people and push their economy towards sustainable goals.
“But for us, at that time, our priority was not to deploy resources. What I am hearing right now is that our problem is not also money but how to share it. But I insist that our problem is not how to share money but how to bake a bigger cake and bring our people out of hunger and poverty and stop the anger in the land.
“Our people do not care if the road is fixed by the FG or the state government or the LG. They just want to see good roads. An example is the Oyo-Iseyin road through Fasola, which is a federal government road but the state government fixed it and I have the letter for the FG when I wrote it for approval. It is a critical road to the Oyo State economy.
“I believe it is our problem irrespective of what they are doing at the federal level. We know what is important to the lives of our own people here in Oyo State. I learnt FAAC is tomorrow (Tuesday) and all of you can come. We will delay the implementation for the next ninety days, which is three FAACs from now. They will still pay the money into the JAAC account.
“You make the law, you break it. So, the law is at your own peril. That is not how to run a country. If you make the law, let us all obey the law. For us in Oyo State, we can solve our own problems, deal with our situation, and prioritize our people. Our pass mark is to discuss among ourselves and whatever we agree upon.
“I am not saying things should not be transparent at the local government level but it is a distraction to say this is the magic bullet that will wash away our problems. NULGE is here, NUP, NUT, and others are here. So, let us sit down and discuss and fashion out our own way out of this issue”, Governor Makinde added.
At the meeting were members of the Oyo state chapter of the Association of Local Government of Nigeria (ALGON), the Attorney General of the state and Commissioner for Justice, Barrister Abiodun Aikomo, Commissioner for Local Government and Chieftaincy Matters, Otunba Ademola Ojo, and Chairman House of Assembly Committee on Local Government and Chieftaincy Matters, among others.
Also at the meeting were representatives of the Nigeria Labor Congress (NLC), Trade Union Congress (TUC), Nigeria Union of Local Government Employees (NULGE), Nigeria Union of Pensioners (NUP), and Nigeria Union of Teachers (NUT) among others.
…Fayose dismisses verdict
Also toeing same line, a former governor of Ekiti state, said the apex court’s judgement might not be implementable.
Speaking on Sunday Politics, a Channels Television programme, the former governor said even though he is averse to governors taking the local governments’ funds, it will be difficult to take the baby off the mother.
He said: “I am not a lawyer. I am a politician and by God’s grace today, I am an elder statesman.”
“While I love and do not believe that any government should take local government funds, may I say to you very clearly this evening that you cannot take the baby from the mother.
“There is nobody that can become council chairman without a governor. Anybody telling you otherwise is wasting his time. Let me quickly remind you that the House of Assembly of every state controls the activities and checks the activities of the local government.
“While I was governor, I had the privilege of receiving money from Abuja. When you receive money from the account, some people manage the account. They are not politicians or the council chairman.
“There is only one representative of the governor, which is the local government commissioner. All others are local government officials, workers, and pensioners of the council.
“They appropriate the funds. But when you now come and say we are giving power to the local government, what power are you giving to them? No power. The state is more effective in administrative performance than the local government,” Fayose argued.
“Go to the councils from Monday to Friday, you will not find 10 percent of the staff of the local government in the offices. They don’t come to work,” the former governor added.
He added: “My name is Ayo Fayose and I want them to dispute this. They don’t come to work. When you make moves to bring them to book, both NULGE and all leaders of the local government will come and be begging the governor.
“They will be telling you, we will not vote for you. This is the way we operate at the local government.
“At the local government, everybody comes to collect money. Even people who have left some states. They live somewhere else and money just hit their accounts.”
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ALGON wants review of revenue sharing formula
Meanwhile, the Association of Local Government of Nigeria (ALGON) Monday appealed to the federal government to review the current revenue-sharing formula in favour of the 774 local government areas and area councils to enable them pay the new minimum wage if eventually agreed and made a law.
ALGON National President Aminu Muazu Maifata made the appeal at a press briefing in Lafia.
Maifata, who doubles as ALGON chairman of Nasarawa state and chairman of Lafia local government area, said the association was happy with the decision of the apex court.
He believed President Bola Ahmed Tinubu will do something about the revenue of the local government councils in the country before a final decision is reached on the new minimum wage.
“The president is one person that believes in the democratisation of the local government system which was why he took the steps to ensure that they operate as the third tier of government,” he added.
Maifata said reviewing the sharing formula would also enable the third tier of government to embark on infrastructural development and equally address the insecurity currently ravaging the country.
“It will also help us to generate employment and create an enabling environment for people to go about their lawful businesses without fear of attack or being kidnapped,” the ALGON president added.
Maifata appreciated the landmark judgment delivered by the Supreme Court granting financial autonomy to the local government councils in the country.
He also commended President Tinubu for taking the initiative to seek redress through the judiciary instead of taking a unilateral decision without recourse to the law.
The ALGON boss further lauded governors of the 36 states for accepting the decision of the highest court in the country, even as he said the LG chairmen looked forward for a more robust working relationship with their state governors.
The ALGON president assured that they would redouble their efforts towards delivering dividends of democracy to the people at the grassroots, and as well as prioritise the welfare of workers, infrastructural development, and security issues amongst other things to restore happiness and prosperity in the country.