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Supreme Court to Obasanjo: Release local govt fund
�It�s victory for federalism �Tinubu
rotimi fadeyi, lekan sanni and
sakibu olokojobi
The Federal Government has been told in clear terms that
it cannot withhold statutory payments to state or local governments. It has
also been told to pay all outstanding allocations, plus arrears, only to� local governments recognised by the
constitution; meaning that newly created local governments remain inoperative
until a law passed by the National Assembly validates them.
These are the highlights in the� judgement handed down by the Supreme Court
on Friday in the case between the Federal Government and the Lagos State
Government.
Reacting to the ruling, Lagos State Governor,
Asiwaju Bola Ahmed Tinubu, described it as a victory for federalism.
In the same vein, the Lagos State Chapter of the
Peoples Democratic Party (PDP), described the verdict as a victory for
democracy and the party, just as hundreds of
Alliance for Democracy (AD) supporters in joyous
mood besieged the Government House, Alausa, to jubilate over the victory.
In the lead judgement of the Chief Justice of
Nigeria (CJN), Justice Muhammadu Lawal Uwais, directed that the withheld
outstanding statutory allocation would be for the 20 local government areas
recognised by the constitutin.
The Lagos State government had, in May this year,
instituted a suit against the Federal Government over the withholding of the
allocation due to local governments.
But the Federal Government in its defence, said
that the money was put on hold�
because of the creation of additional 37 local government areas by the
state.
Three other states, Nassarawa, Niger and Katsina
that were also affected by the decision of the Federal Government joined
Lagos at the Supreme Court to challenge the decision of the Federal
Government.
The court held that the president has no power
vested in him (by executive or�
administrative action) to suspend or withhold for any period
whatsoever the� statutory allocation
due to Lagos State government pursuant to the provision of section 162 (5) of
the 1999 constitution but in respect of the 20 local government areas for the
time being provided by
section 3 sub section (6) of the constitution and
not the new local government areas created which are not yet operative.
Justice Uwais declared that the intention or
proposal of the Federal Government to suspend or withhold, for any period,
whatsoever the statutory allocation due payable to Lagos State government
pursuant to the provisions of section 162 (5) of the Federal Republic of
Nigeria 1999 would, if carried out, be unlawful and contrary to the
provisions of the constitution.
He, however, noted that the statutory allocation
are only for the 20 local government councils for the time being recognised
by section 3 sub section (6) and part 1 of the First Schedule to the
Constitution.
The court further held that the 57 local government
areas established by Law 5 are inchoate until the National Assembly passes
the Act necessary under section 8 (3) of the constitution. Therefore the new
57 local government councils are not entitled to receive fund from the
Federation Account.
The apex court refused the prayers of the Federal
Government to nullify the elections conducted by Lagos State on March 27,
2004 because all the parties interested in the elections, namely the
chairmen-elect as well as the Lagos State Independent Electoral Commission
have been joined in the case.
It also refused to grant the order to restrain the
Lagos State Government, the Lagos State House of Assembly or any other
functionaries or agencies not to finance and recognise any local government
apart from those created under Part 1 of the First Schedule of the 199
constitution, saying that the National Assembly could at any time deems fit
exercise its powers under section 8 (5) of the constitution to amend section
3 (6) and Part 1 of the First Schedule to the constitution.
Six other justices of the apex court: Idris Legbo
Kutigi; Anthony Ikechukwu Iguh; Samson Odemwingie Uwaifo; Niki Toby; Dennis
Onyejife Edozie and Sunday Akinola Akintan all agreed with the lead judgement
of Uwais.
Tinubu noted that once again, the position of the
Lagos State government that the �Federal government, as a co-ordinate tier,
is not superior to the state�.
According to the governor, the state all along
believed in the appropriateness of its cause and the legitimacy of the
decision to respond to the yearnings of her citizens as well as impartiality
of the supreme court.
On the legality of the 37 newly created local
governments, Tinubu disclosed that the priority of the state in the coming
months is to �prevail on the National Assembly to perform its constitutional
obligation and carry out its duty in the interest of democracy and the rule
of law�.
Tinubu also disclosed that the Supreme Court
judgement was already being executed �with the fullest co-operation of the
federal government and personal supervision of Mr. President Chief Olusegun
Obasanjo.�
Addressing a press conference in Lagos shortly
after the judgement, the Lagos State chairman of the PDP, Alhaji Muritala
Ashorobi. said the party had been vindicated in its claim that the creation
of new local governments by the Lagos state government was unconstitutional.
He said with the ruling of the court, the new local
governments had been nullified, and therefore stood to reasoning that the
last local government election was as well illegal.
Ashorobi said, the onus was on the Lagos State Independent
Electoral Commission (LASIEC) to conduct a fresh election into the original
20 local governments.
Justifying the withholding of the allocation of the
original local governments in Lagos State, Ashorobi said the councils were
not existing as elections were not conducted in them but the 57 which had
been declared unconstitutional.
The PDP chieftain expressed the readiness of his
party for a new local government election, stressing that PDP would this time
around emerge victorious.
Present at the conference were the Minister of
Works, Senator Adeseye Ogunlewe, a member of the House of Representatives who
defected to the PDP from the Alliance for Democracy recently, Mr. Femi
Onimole, and former governorship candidate of PDP in Lagos State, Engr.
Funsho Williams among others.
While addressing AD supporters at the Round House,
Alausa, Lagos Tinubu praised them and Lagosians for their patience and
perseverance.
He said that the state government never asked that
the newly created councils drew fund from the federation account until they
were� listed by the National Assembly.
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