ABUJA—THE Supreme Court hearing a suit filed by the Lagos State government challenging the decision of the Federal Government to withhold local government allocations yesterday asked both parties to negotiate on the immediate release of part of the funds to pay the accumulated salaries of primary school teachers and council employees. The salaries were stopped after the Federal Government suspended allocation to the councils, citing “unconstitutional” creation of new local governments and conduct of elections into them.
The Federal Government said yesterday that it would look into the apex court’s advice, while Governor Bola Tinubu hailed the court’s position which he called a victory for democracy and principle of justice.
Lagos State expends about N766 million monthly on the payment of salaries and emoluments of primary school teachers alone in the state while another N400 million is for the salaries and emoluments of local government employees. If the Federal Government releases the salaries of the councils’ staff and the primary school teachers, over N3 billion will be credited to the account of the Lagos State government anytime from now.
But Chief Afe Babalola (SAN) who spoke for the Federal Government on the possibility of releasing the suspended allocation at the Supreme Court yesterday, however, said he could not enter into any undertaking until he cleared from President Olusegun Obasanjo.
The promise by the Federal Government to consider the possibility of releasing part of the suspended allocation followed a complaint by the doyen of the Nigerian Bar, Chief FRA Williams (SAN), before the Supreme Court yesterday that the state’s councils’ workers and teachers were facing untold hardship. Chief Williams (SAN) led 15 other lawyers including the President of the Nigerian Bar Association (NBA), Chief Wole Olanipekun (SAN), and five other Senior Advocates of Nigeria (SANs) to push the case of the Lagos State before the Supreme Court.
According to Chief Williams, since the suspension of the allocations, salaries of councils’ staff and state’s primary school teachers could not be paid. He said as much as he would want the case before the Supreme Court on the legality of the Federal Government’s decision to stop statutory allocation of state government heard and determined in time, the salaries of the workers which form part of the suspended state allocation should be released.
The panel of seven Justices of the Supreme Court led by Justice Muhammad Lawal Uwais which heard the lawsuit by the Lagos State government on the allocation was moved by the plight of the hapless council staff and primary school teachers in the state.
According to Justice Uwais, while it would be impossible to hear the Lagos case before the court proceeded on its annual vacation, he said he was very concern about the plight of the workers whose salaries were currently trapped.
He stressed that it would be commendable if both parties could agree on how the salaries could be paid. His words: “We are thinking of teachers and employees of the local governments in the state. If we can reach an agreement here that the salaries of the staff and teachers be released, we think it will be good.”
Once the Supreme Court said it was impossible to hear the Lagos case before it proceeded on vacation, both parties in the matter (the Federal Government and Lagos State) now concentrated on how to solve the problem of workers’ salaries trapped with the suspended allocation.
Chief Williams (SAN) started off by saying: "We are not asking for extra kobo over what we have been collecting before now. On humanitarian ground, we ask that the money be released to us.
Chief Babalola: You know I am humanitarian. But we have a problem. The problem in this case is that the 1999 constitution recognised only 768 local governments in the country. Lagos State was in 1999 when the present constitution came into force, by section 3 (6) thereof constituted by 20 local government areas. But the Lagos State government has now altered, subsumed, eliminated or otherwise transformed its constituent local government areas beyond the purview of those specifically named in the constitution. They have increased it.
Justice Uwais: No, but schools are there. Even if they go back to 20 local councils, the schools will still belong to the 20 local governments.
Chief Babalola: We do not know how teachers are paid. Federal Government does not pay primary school teachers.
Justice Uwais: Federal Government pays them.
Chief Babalola: If my learned friend (Chief Williams, SAN ) can come back either Wednesday or Thursday to discuss on that, I can’t make any commitment now. Let me know the mode of payment of primary school teachers. Until I know that, with all respect, I cannot give any undertaking.
Justice Uwais: You said you are humanitarian. We are not determining anything yet. All we want to do is to see how the two of you can put heads together and see how the salaries would be paid. You know these workers who are not being paid have families.
Chief Williams: The law on creation of local government in Lagos State was passed in year 2002, same with the local government. The Federal Government paid us in 2002, 2003 until after we conducted election into the new councils. Funny enough, we are not asking for a kobo over what they have been paying us
Justice Uwais: He is asking to be given till Thursday to canvass this position before the Federal Government.
Chief Williams: We do not need the opinion of the president. If there is any order, the court can make in this respect…
Chief Babalola: No court can make such an order
Justice Uwais: We understand that Chief Babalola is not in government service. We feel it is necessary to go back to them and explain to them. We are willing to sit on this case again on Friday. If you are happy with this, we can adjourn.
Chief Afe: Friday is not convenient. Both the president and the attorney-general are not around.
Justice Uwais: Can’t you telephone them where they are?
When counsel representing three other states of the federation having similar problem with the Federal Government realised that Lagos was at the verge of success retrieving its suspended allocation, Katsina State Attorney-General, Abdullahi Faskari, reminded the court of its promise that Lagos case would be a test case and that whatever decision was arrived at would be binding on the three other states.
Chief Williams (SAN) agreed with Faskari, saying the three other states before the Supreme Court were also entitled to their allocations.
But the presiding judge and Chief Justice of Nigeria, Justice Uwais said “we are dealing with only a case. If they like, they can come by a motion. We cannot by this case make an order.
Chief Babalola also said “we are ready to go into negotiation on behalf of teachers and staff of the 20 recognised local governments of Lagos State alone.
The matter was subsequently adjourned till Monday to enable Chief Babalola meet with the Federal Government over the issue.
Asked about the implication of the Federal Government’s decision to go into negotiation with the Lagos government when the substantive case was still pending, Chief Babalola said: “Our courts are courts of equity. I don’t think this will affect the res of our case,” he added
Four other states of the federation, Ebonyi, Nasarrawa, Katsina and Niger, which also created councils also have their allocations withheld.
With the exclusion of Ebonyi, all the affected states had maintained individual suits before the Supreme Court, challenging the constitutionality of the Federal Government’s decision to suspend their statutory allocations.
Tinubu reacts
News of yesterday's Supreme Court’s proceedings was relayed to Gov. Tinubu at the Lagos State’s first Education Summit, and he promptly interrupted his speech. He said: “Breaking news, I have just received a phone call from Abuja that the Supreme Court has ordered the Federal Government to immediately release the withheld allocations meant for teachers and council workers’ salaries. This is a victory for democracy and principles of justice. There is still hope for the survival of Nigerian nation.”
Also reacting, Mr. Kunle Soname, chairman of Ikosi-Isheri local government, said it was not yet eureka but described the Supreme Court’s action as a step in the right direction.
