“To ensure that any allocations from the Federation Account are paid only to democratically elected local government councils and no other body or institution,” President Bola Tinubu has been urged by the Socio-Economic Rights and Accountability Project (SERAP) 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.”

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

The local government council that is democratically elected does not and should not be subject to the whims, avarice, or political godfathers of governors, according to SERAP.

As per SERAP, “Your government is also required by the Constitution to guarantee accountability for the utilisation of federal funds and prompt adherence to the Supreme Court’s ruling and legal norms.”

In part, the letter stated: “To support good governance, the welfare of the populace, and the development of local government areas across the nation, local government councils are entitled to a direct payment from the Federation Account.”

“Political expediency should be sacrificed on the altar of the rule of law where it is in place to ensure the survival of institutions established to advance social values of liberty, orderly conduct, and development.”

“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.

“It will be fully compliant with the rule of law to immediately withhold federal funding to states that have either failed or declined to hold local government elections and to guarantee that any funding from the Federation Account is distributed exclusively to democratically elected councils and not to any other entity or body.”

Our understanding is that the Nigerian Supreme Court has directed the Federal Government to immediately transfer cash from the Federation Account to locally elected local government councils and no other organisation or organisation.