The Incorporated Trustees of the Association of Local Governments of Nigeria (ALGON) have written to the Forum of Commissioners for Finance of Nigeria demanding the immediate release of July allocations from the federation account to each of the 774 local government councils.
ALGON, in a letter by its lawyer, Prof. Mike Ozekhome (SAN), said if the finance commissioners failed to comply with their request in line with the decision of the Supreme Court on LGs’ financial autonomy, it would initiate contempt proceedings against the forum and its members.
It would be recalled that the Supreme Court, in a landmark judgement on July 11, directed the Accountant General of the Federation to pay local government allocations directly to their accounts. It declared the non-remittance of funds by the 36 states as unconstitutional.
Acting on this judgement, Ozekhome, in a letter addressed to the Chairman of the Forum of Commissioners for Finance of Nigeria dated July 30, and seen by the Daily Trust yesterday, told the finance commissioners that ALGON’s “Joy, which the salutary decision brought to them, has so far been frustrated by your esteemed committee.
“Rather than comply with the clear directives of the apex court in its judgement (and indeed as provided for by Section 287 of the Constitution of the Federal Republic of Nigeria, 1999, as amended), your committee, acting perhaps on the directive and at the behest of the 36 state governors, has resorted to all manners of excuses, artifices, designs and subterfuge to undermine and frustrate this binding judgement of the highest court of the land, nearly three weeks after its delivery.
“Our clients are all the more concerned and indeed disturbed by this inexplicable turn of events, given their readiness and willingness to assist your committee to work out the modalities for such disbursement, having engaged the services of a certified consultant, a reputable professional accountant in the person of Dr Samuel Babatunde, FCA, who immediately got to work and produced a workable template for such immediate disbursements. You are very much aware of this fact, but have chosen to ignore our client and the apex court’s decision.
“Our clients have so far waited in vain to receive their allocated funds. This is most unfortunate, highly regrettable, and completely unacceptable, for the simple reason that judgements of courts are meant to be obeyed even without any demand for same. We are in this particular instance, talking about the clear judgement of the apex court!
“We need not remind your committee that disobedience of court orders is severely punishable as contempt of court under our laws. We shall say no more about the dire consequences of such a drastic step.
“Your act of disobedience becomes more deplorable when done with such intransigent impunity against the clear order of a court by those of you who are sworn to defend and uphold the constitution; indeed, you all owe your very positions to that same constitution.
“By this, we are specifically referring to your good selves and your principals, the 36 state governors. They ought to lead by example, and we believe they can do better than you have so far demonstrated,” the letter read in part.
ALGON subsequently demanded full compliance with the apex court’s judgement by immediately crediting “Each of the 774 LGCs of Nigeria with its aggregate entitlement of funds comprising of its respective share in the Federation Account as computed at the last meeting of the Federation Account Allocation Committee (FAAC), in which your committee fully participated and endorsed.
“Our client’s said consultant and other duly accredited representatives are standing by and ready to assist your committee in achieving an immediate resolution of this thorny matter by paying the funds as directed by the Supreme Court.
“Take notice therefore that if you still fail, neglect, and/or refuse to accede to our client’s modest demands as stated in paragraph 8 above, we shall be left with no option but to initiate contempt proceedings against your committee and its members. This, without any further correspondence from us. A word is enough for the wise, as to say more will be otiose,” the letter concluded.
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