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FG files new suit on council funds
•Insists Lagos must return to 20 LGs
By Rotimi Fadeyi
Snr
Correspondent, Abuja
Abuja
has returned to the Supreme Court with a new suit on its dispute with Lagos
State over council funds, displeased with the judgement of last Friday that the
money be released.
It
is insisting that it cannot be paid until the state reverts to the 20 councils
recognised by the Constitution.
The
Federal Government said allocation is due only to the following
constitutionally approved councils in the state: Agege, Ajeromi-Ifelodun,
Alimosho, Amuwo-Odofi, Apapa, Badagry, Epe, Eti-Osa, Ibeju-Lekki, Ifako-Ijaye,
Ikeja, Ikorodu, Kosofe, Lagos Island, Lagos Mainland, Mushin, Ojo,
Oshodi-Isolo, Shomolu and Surulere.
It
argued that the additional 37 councils created by the state are not recognised
by the Constitution and, as such, they cannot benefit from funds that would be
released.
It
asked the Supreme Court for an order that until Lagos State has revived and
reconstituted the 20 councils, which were scrapped, federal allocation to them
should not be spent.
In
the suit, which was supported by a 27-paragraph affidavit, the federal
authorities asked for a mandatory order compelling the state to revert to the
20 councils established under Section 3 of the Constitution, and sought an
injunction restraining it from spending part or all of their federal
allocation.
Last
Friday, the Supreme Court declared that President Olusegun Obasanjo lacks the
constitutional power to withhold statutory allocation due to Lagos State or any
other state for the benefit of councils. It ordered the Presidency to release
the money.
It
agreed that the state government has the power to create councils, but declared
as illegal the additional 37 ones created, saying it was an incomplete process
since they cannot take effect or be recognised by the Constitution until
approved by the National Assembly.
The
unanimous judgement read by Chief Justice Mohammed Uwais directed that the
withheld allocation would be for the 20 councils recognised by the
Constitution.
Lagos
State had in May sued the President for withholding the fund. But Aso Rock, in
its defence, said the money is put on hold because of the creation of the
additional councils.
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