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Govt asks Supreme Court to list Lagos councils
From Emmanuel Onwubiko,
Abuja
THE Federal Government (FG) yesterday returned to the Supreme Court over last week's judgment on the release of statutory allocations to Lagos State for its local councils.
In a fresh originating summons, the FG wants the apex court to determine the exact councils that are entitled to the funds.
Last week, Justice Muhammadu Lawal Uwais, leading a panel of seven justices declared that the President had no constitutional powers to withhold statutory funds to any tier of government.
The Lagos State government had in April this year filed a suit at the Supreme Court, challenging the FG's action.
President Olusegun Obasanjo's directive for withholding of the funds had been sequel to the creation by the Lagos State House of Assembly of additional 37 councils.
Different interpretations trailed the judgment with the FG chief counsel, Chief Afe Babalola (SAN), demanding that Lagos State revert to the old 20 local councils recognised by the 1999 Constitution.
But the Lagos State Attorney-General, Prof. Yemi Osinbajo (SAN), and the Lagos State Assembly disagreed, and asked the FG to pay the backlog of withheld funds to the state without delay.
In the summons, citing the Attorney-General, Lagos State as defendant, the Federal Government asked the apex court:
- Let the defendant within 21 days after the service on him inclusive of the days of such service cause an appearance to be entered for him on this summons upon the application of the Attorney-General of the Federation for the determination of the following questions:
- Whether or not having regard to the provisions of Sections 3(6) and Second Column of the 1st Schedule, Sections 7, 8, and 162 of the 1999 Constitution of the Federal Republic of Nigeria and the recent decision of the Supreme Court in Suit No. SC/70/2004 between Attorney-General, Lagos State and Attorney-General of the Federation, the new 57 local government councils created by Lagos State government can benefit from the statutory allocation meant for the 20 local governments established by the 1999 Constitution;
- Whether or not having regard to the provisions of Sections 3(6) and Second Column of the 1st Schedule, Sections 7, 8, and 162 of the 1999 Constitution of the Federal Republic of Nigeria and the recent decision of the Supreme Court in Suit No. SC/70/2004 between Attorney-General of Lagos State and Attorney-General of the Federation, there is power in Lagos State government to spend the statutory allocation meant for the councils.
The FG is also seeking an injunction restraining the Lagos State government, its servants or agents from spending all or any part of the federal allocation belonging to the 20 local councils until the exact councils recognised by the constitution have been restored.
The plaintiff (Federal Government) claims as follows:
- "declaration that the federal allocation due to the 20 local government councils established by the constitution for Lagos State pursuant to Section 162(5) of the 1999 Constitution as well as the judgment of the Supreme Court in suit No. SC/70/2004 is for the benefit of only the 20 Local Government Councils recognised under Section 3 and the 1st Schedule of the 1999 Constitution namely: Agege, Ajeromi-Ifelodun, Alimosho, Amuwo-Odofin, Apapa, Badagry, Epe, Eti-Osa, Ibeju/Lekki, Ifako-Ijaiye, Ikeja, Ikorodu, Kosofe, Lagos Island, Lagos Mainland, Mushin, Ojo, Oshodi-Isolo, Somolu, Surulere.
- "declaration that Lagos State Government has no power under the constitution to spend the federal allocation meant for the 20 local government councils established by the 1999 Constitution on the 57 local government councils created by the State;
- an order that until Lagos State Government has revived and reconstituted the 20 local government councils recognised under the constitution which were scrapped and abolished by the State, the federal allocation due to the 20 local government councils should not be spent.
- a mandatory order compelling Lagos State Government to revert to the 20 local government areas recognised and established under S3 of the 1999 Constitution namely: Agege, Ajeromi-Ifelodun, Alimosho, Amuwo-Odofin, Apapa, Badagry, Epe, Eti-Osa, Ibeju/Lekki, Ifako-Ijaye, Ikeja, Ikorodu, Kosofe, Lagos Island, Lagos Mainland, Mushin, Ojo, Oshodi-Isolo, Shomolu, Surulere.
In a 27-point affidavit, the Federal government averred:
- That although the names of the 20 local government councils established and recognised by the constitution still remain in the Constitution, the said 20 local government councils are in fact not in existence.
- That Lagos State Government has manifested its intention to spend the federal allocation due to the 20 local government councils recognised by the 1999 constitution on the 57 local government councils created by it,
- That there is urgent need to approach the Supreme Court to determine whether Lagos State Government can spend the federal allocation meant for the 20 local government councils recognised by the constitution on the 57 local government councils created by it which the Supreme Court has held to be non-operational and inchoate until the National Assembly has had its input in accordance with the constitution.
- That there is urgent need to stop the Lagos State Government from spending the federal allocation meant for the 20 local government councils which is the property of the 20 local government councils which as at now are not in existence.
- That until the 20 local government councils have been restored, it is in the interest of justice that the federal allocation be put into a deposit account in the name of the 20 local governments, and
- That the federal allocation due to the 20 local government recognised by the constitution are always kept in the State Joint Local Government Account opened for the benefit of local government councils and all funds are paid directly by the Federal Ministry of Finance into the account".
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