Babalola clarifies Supreme Court's directive on council funds
From Emmanuel Onwubiko, Abuja
CONTRARY to the impression held that the Supreme Court ordered the Federal Government to release funds to councils, government's leading counsel in the suit, Chief Afe Babalola (SAN) yesterday debunked the claim.
He told The Guardian that what the apex court did was to advise the Federal Government - on humanitarian grounds, to release the funds for workers' salaries.
Babalola, who spoke in Abuja, said: "The Supreme Court did not make any order but merely asked us to work out modalities on how to pay the local government workers and teachers on humanitarian ground only. It was not an order."
Lagos State Government filed the suit at the Supreme Court, seeking a perpetual injunction restraining the Federal Government and all its agencies from suspending or withholding any fund due to state councils.
In the substantive suit before the Supreme Court, Lagos State is asking the apex court to determine whether President Olusegun Obasanjo or the National Assembly has the power to suspend or withhold statutory allocations due to state government under the 1999 Constitution.
Among the prayers sought by the state is a declaration that the present intention of the Federal Government to suspend or withhold for any period whatsoever the statutory allocation due and payable to the state under the Constitution without a valid and supporting amendment of the said Constitution it carried out, is unlawful and contrary to the provisions of the 1999 Constitution.
The Federal Government has, however, filed a counter-claim, asking the Supreme Court to nullify the March 27, 2004 elections in which more local councils were created in Lagos State.
It is also seeking a declaration that the decision by Lagos State to create new local councils outside what was contained in the 1999 Constitution is invalid.
. The substantive suit might not be heard until after September when the court would have observed its annual vacation.
