National
No Federal Allocations for States Lacking Credible Local Government Elections – SERAP
The Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to suspend monthly federal allocations to states that do not conduct credible local government elections.
In a letter dated October 5, 2024, and signed by Deputy Director Kolawole Oluwadare, SERAP specifically requested that President Tinubu instruct the Minister of Finance and Coordinating Minister of the Economy, Olawale Edun, to immediately withhold federal allocations from any state that has failed or refused to hold local council polls.
The organization also urged the Finance Minister to ensure that any allocations from the Federation Account are disbursed solely to democratically elected local government councils, excluding all other entities.
SERAP further requested the Minister to provide a detailed account of local government councils that have directly received federal allocations, confirming whether these councils were democratically elected, as stipulated by the amended Nigerian Constitution of 1999 and mandated by the Supreme Court’s ruling on July 11, 2024.
Additionally, SERAP urged President Tinubu to promptly enlist the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Economic and Financial Crimes Commission (EFCC) to collaboratively monitor the expenditure of FAAC allocations by democratically elected local government councils nationwide.
The organization emphasized that “Your government has the responsibility to uphold the Nigerian Constitution and prevent public wrongs committed by state governors.”
SERAP asserted that “A democratically elected local government council should not exist at the discretion or whims of governors or their political benefactors.”
According to SERAP, “Your administration also has a constitutional duty to ensure accountability in the utilization of federal allocations and to comply immediately with the Supreme Court’s judgment and the principles of the rule of law.”
The letter noted, “Local government councils are entitled to direct payments from the Federation Account to foster good governance, enhance citizens’ welfare, and promote development in local government areas across the country.”
“Where the rule of law prevails, political expediency should be sacrificed to uphold the rule of law, ensuring the continued existence of institutions that promote social values, liberty, and orderly development.”
SERAP expressed gratitude for the implementation of the suggested measures within seven days of receiving or publishing this letter. Should there be no response, SERAP will consider appropriate legal actions to compel compliance with their request in the public interest.
“It is entirely consistent with the rule of law to promptly withhold federal allocations from states that have failed or refused to conduct local government elections and ensure that any allocations from the Federation Account are directed exclusively to democratically elected councils.”
As indicated in SERAP’s information, the Supreme Court of Nigeria recently mandated the Federal Government to directly pay funds from the Federation Account only to democratically elected local government councils and no other organizations.
The court also instructed the 36 state governors to “ensure democratic governance at the local government level.”
The ruling clarified that state governors lack the authority to dissolve democratically elected local government councils and replace them with caretaker committees, accompanied by an order for immediate compliance with the judgment.
SERAP highlighted concerns raised by Prof. Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), who stated that “local government elections in virtually all states have become mere coronations of candidates from the ruling parties. It is time to halt these coronations and conduct proper elections.”
The organization expressed apprehension over the manipulation of local government elections by governors and other actors in several states.
SERAP noted the failure of numerous state governors to organize local government council elections, contrary to Section 7(1) of the Nigerian Constitution.
Furthermore, SERAP raised concerns regarding allegations of corruption and mismanagement involving governors in the handling of federal allocations intended for local government councils. It has been reported that trillions of naira in FAAC allocations received by Nigeria’s 36 states have allegedly been misappropriated.
The resulting human costs pose a direct threat to the rights of socially and economically vulnerable Nigerians.
Despite increased allocations from FAAC, millions of residents in various states continue to endure extreme poverty and lack access to essential public goods and services.
The Federal Government’s removal of the petrol subsidy and the floating of the naira have resulted in higher FAAC allocations to states and the Federal Capital Territory (FCT). However, this increase has not led to any significant improvement in the security and welfare of millions of Nigerians.
SERAP reminded that Section 162(3)(5) of the Nigerian Constitution mandates that funds allocated to local government councils from the Federation Account should be distributed directly to them.
State governors possess no authority to retain, manage, or disburse federal allocations intended for local government councils.
Under the terms of the Supreme Court ruling, the 36 state governors are prohibited from collecting, receiving, spending, or interfering with local government council funds from the Federation Account for their benefit.
SERAP pointed out that Section 165 of the Nigerian Constitution and the Allocation of Revenue Act No.1 of 1982 stipulate that government-generated revenues should be credited to the Federation Account and distributed monthly among the federal government, states, and local governments.
Moreover, former President Muhammadu Buhari, in December 2022, remarked that “If the money from the Federation Account to the State is about N100 million, N50 million will be sent to the chairman, but he will sign for N100 million. The chairman will pocket the remainder and distribute it as he chooses.”
The 36 states in Nigeria and the Federal Capital Territory, Abuja, have reportedly received over N40 trillion in federal allocations intended for the 774 local government areas across the country.
In November 2023 alone, the Federation Account Allocation Committee (FAAC) distributed N225.21 billion in federal allocations designated for local governments, while in December 2023, states received N258.81 billion intended for local government areas.
The house of representatives has resolved to investigate the N1.1 trillion Sukuk road projects from 2017 to 2024.
The lower legislative chamber passed the resolution during the plenary on Wednesday following the adoption of a motion of urgent public importance sponsored by Gaza Gbefwi, a lawmaker from Nasarawa.
The investigation aims to uncover and identify “instances of diversion, inflation, or contractor non-compliance” in the execution of the road projects.
While moving the motion, Gbefwi said a report by the Debt Management Office (DMO) shows it raised over N1.1 trillion through six sovereign Sukuk issuances to finance 124 federal road projects spanning 5,820 kilometres across the six geopolitical zones.
The lawmaker highlighted the breakdown of Sukuk financing as follows: N100 billion in 2017, N100 billion in 2018, N162.557 billion in 2020, N250 billion in 2021, N130 billion in 2022, and N350 billion in 2023.
He said reports suggest that an additional N150 billion was issued in October 2023, bringing the cumulative total to approximately N1.242 trillion by the end of 2024.
“Despite this significant investment, Nigeria’s road infrastructure remains in a deplorable state, with over 70 percent of the country’s 200,000-kilometer road network still unpaved, as noted by S&P Global Ratings in January 2024,” he said.
“Without robust accountability mechanisms, the Sukuk programme risks becoming a conduit for mismanagement or corruption.”
The motion was adopted when it was subjected to a voice vote by Benjamin Kalu, the deputy speaker, who presided over the plenary.
Consequently, the house mandated the committee on works to conduct a “forensic probe” into the allocation, expenditure, and outcomes of the N1.242 trillion Sukuk fund.
The parliament also directed the federal ministry of works to provide detailed records of all Sukuk-funded projects, including financial disbursements, project statuses, and updated contractors’ performance.
National
INEC Notifies Natasha Akpoti Of Recall Move, Confirms Receipt Of Petitioners’ Contact Details
The Independent National Electoral Commission (INEC) has written to notify Natasha Akpoti-Uduaghan, the senator representing Kogi central, about the petition by constituents seeking her recall from the national assembly.
INEC said it has also received the contact details of the petitioners.
“Pursuant to section 69 of the constitution of the Federal Republic of Nigeria 1999, as amended, I write to notify you of the receipt of a petition from representatives of registered voters in your constituency seeking your recall from the senate,” the letter reads.
“The notification is in line with the provisions of clause 2 (a) of the Commission’s Regulations and Guidelines for Recall 2024.
“This letter is also copied to the presiding officer of the senate and simultaneously published on the commission’s website. Thank you.”
The letter was signed by Ruth Oriaran Anthony, secretary to the commission.
Meanwhile, in a statement issued on Wednesday, INEC said it has now received the updated contact details from representatives of petitioners seeking to recall the senator.
In the statement, Sam Olumekun, INEC’s national commissioner and chairman of information and voter education, said a letter notifying the senator of the petition has been delivered to her official address, copied to the senate presiding officer, and published on the commission’s website.
“The next step is to scrutinise the list of signatories submitted by the petitioners to ascertain that the petition is signed by more than one half (over 50%) of the registered voters in the constituency. This will be done in the coming days,” Olumekun said.
“The outcome, which will be made public, shall determine the next step to be taken by the Commission. We once again reassure Nigerians that the process will be open and transparent.”
Akpoti-Uduaghan had recently accused Senate President Godswill Akpabio of sexually harassing her.
The allegation came in the wake of her seating arrangement altercation between Akpabio and the Kogi central senator at the red chamber
She was subsequently suspended from the senate for six months for “gross misconduct” over the incident.
The constituents behind the recall move also alleged her of “gross misconduct, abuse of office, and deceitful behaviour”.
The senator has denied wrongdoing and called the recall effort a “coordinated suppression” of her voice.
….Says Ibas only Accountable To Tinubu,Wike Only
The National Democratic Coalition (NADECO) in the United States has rejected the appointment of Ibok-Ete Ibas, a retired vice-admiral, as sole administrator of Rivers state.
BACKGROUND
On March 18, President Bola Tinubu declared a state of emergency in Rivers, citing the protracted political crisis and vandalisation of oil facilities.
The president suspended Siminalayi Fubara, the Rivers state governor, Ngozi Odu, his deputy, and all house of assembly members for six months.
Tinubu also appointed Ibas as the sole administrator for Rivers state.
On March 20, the senate and the house of representatives controversially ratified Tinubu’s request for the emergency rule.
The presidency had said the decision to prevent further escalation of the political crisis in south-south state.
A statement on Wednesday by Lloyd Ukwu, NADECO USA president, said Ibas would only be accountable to Tinubu, Nyesom Wike, minister of the federal capital territory(FCT), and not the people of Rivers state.
Ukwu claimed that Tinubu lacks the constitutional authority to suspend Fubara and appoint a sole administrator, describing the appointment as “illegitimate”.
“Nigeria operates as a federation, with Rivers State as a sovereign entity, and Tinubu, as President, lacks the constitutional authority to unilaterally suspend an elected governor like Fubara,” he said.
“Rivers State is not a subordinate institution, neither is it a High School and Tinubu is not its overseer and not the Principal of a high school who can suspend a student willy-nilly.
“In a democracy, sovereignty resides with the citizens, not with an unelected administrator or an aspiring autocrat or want-to-be civilian dictator in Abuja.
“Governments derive their legitimacy from the consent of the governed—leaders are entrusted with the power to serve the people, not to rule over them by imposing an administrator over them.
“The people of Rivers State exercised their democratic right in 2023 by electing Siminalayi Fubara as their governor.
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“They did not choose an imposed administrator. NADECO therefore demands the immediate resignation of this illegitimate appointee.
“True democracy requires that governance be rooted in the people’s will, expressed through free and fair elections.
“This imposed administrator is accountable not to Rivers people but to Tinubu, Akpabio, Kereke-Ekun, and Wike. His allegiance lies with these political actors, not with the citizens he claims to govern.
“The principle of ‘Power to the People’ is enshrined in Nigeria’s constitution and international human rights instruments, including the UN Universal Declaration of Human Rights.
“Upholding this principle, NADECO insists that Rivers people must completely and resolutely reject this illegal administrator, forcing his resignation. Anything less is unacceptable.”