President Bola Tinubu has been urged by the Socio-Economic Rights and Accountability Project to take action against states that have not held legitimate local government elections.

In particular, SERAP requests that the President order Olawale Edun, the Finance and Coordinating Ministers, to stop releasing funds to these states until they comply.

SERAP is essentially a proponent of democratic accountability and financial transparency. According to the group, no other entity or body should be eligible to receive funds from the Federation Account except democratically elected local government councils.

In order to ensure that any funds from the Federation Account are only given to democratically elected local government councils and not to any other body or institution, SERAP urged Tinubu “to direct Mr. Olawale Edun, Minister of Finance and Coordinating Minister of the Economy, to immediately withhold federal allocations to states that have failed and/or refused to conduct credible local government elections.”

The Nigerian Constitution of 1999 [as amended] and the ruling of the Supreme Court on July 11, 2024, both require that local government councils be democratically elected, and SERAP further urged him to “provide details of the number of local government councils that have directly received federal allocations.”

He was requested by SERAP “to immediately invite the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to jointly track and monitor the spending of FAAC allocations by democratically elected local government councils across the nation.”

The organisation stated: “Your government has the obligation to enforce the Nigerian Constitution and to prevent public wrong, including by state governors,” in a letter dated October 5, 2024, and signed by SERAP deputy director Kolawole Oluwadare.

The existence of a democratically elected local government council is not and should not be dependent on the whims, avarice, or political godfathers of the governors.

“Your government is also required by the Constitution to guarantee responsibility for the use of federal funds and prompt adherence to the Supreme Court’s ruling and the rule of law.

To support effective administration, the welfare of the populace, and the growth of local government regions across the nation, local government councils are entitled to a direct payment from the Federation Account.

“Where the rule of law is supreme, political expediency should be offered up on the altar of the rule of law in order to ensure the survival of institutions established to further the societal values of liberty, discipline, and progress.

“We would appreciate it if the suggested actions were implemented within seven days of this letter’s receipt and/or publication. In the interest of the public, SERAP will take necessary legal action to force your government to comply with our request if we haven’t heard from you by then.

The immediate withholding of federal funding to states that have failed or refused to hold local government elections, along with the requirement that any funds from the Federation Account be paid only to democratically elected councils and no other body or institution, will be “entirely consistent with the rule of law,” according to SERAP.

According to SERAP, former President Muhammadu Buhari declared in December 2022 that N50 million would be delivered to the chairman, who would then sign a document certifying that he had received N100 million if the money from the Federation Account to the State was around N100 million. The remaining amount will be kept by the chairman and distributed to whomever he pleases.

According to reports, the 36 states of Nigeria as well as the federal capital territory, Abuja, have amassed almost N40 trillion in federal funds intended for the 774 local government units across the nation and the FCT.

In November 2023 alone, the Federation Account Allocation Committee (FAAC) gave states N225.21 billion in federal payments intended for local governments. In December 2023, states additionally received N258,810,449,711.47 in federal appropriations intended for local government districts.