The National Conscience Party of Nigeria has approached a Federal High Court in Lagos, asking it to stop allocation of funds to Lagos State, from the federation accounts due to its failure to conduct elections into local government areas.
Following a suit filed by the party, a state high court had in 2015, declared the system of caretaker committees for local governments in the State, null and void and ordered elections within 90 days.
The state government appealed against the judgment and has not conducted the election till date.
In a fresh suit, marked FHC/L/CS/198/2017, the NCP is seeking for a declaration that only elected officers are entitled to run the affairs of all local governments in the State.
The suit which was filed on behalf of the party by human right lawyer and activist, Ebun-Olu Adegboruwa, want a declaration that the state is not entitled to benefit from the federation account since it has refused to conduct local government elections.
The party also wants the court to stop the state from distributing money accruing from the federation account to ‘illegal’ entities not recognized by the Constitution.
Listed as defendants in the suit are: Attorney-General of Lagos State and the Attorney-General of the Federation.
In a 17-paragraph affidavit in support of the suit, filed by Comrade Ayodele Akele, the National Secretary of NCP, he stated that the Lagos State Government has been sharing revenue accruing to local governments to ‘illegal entities’ such as the local council development areas and caretaker committees not recognized by the Constitution.
Among the relief sought by the party is a declaration that only democratically constituted Local Government Administrations are recognized under the 1999 Constitution of the Federal Republic of Nigeria, as amended.
The party also want the court to declare that "only constitutionally recognized Local Government Administrations can validly receive, appropriate, allocate, disburse and/or expend revenues from the federation account meant for local governments in Lagos State."
the suit further want a declaration " that the continued allocation of revenues from the federation account for the benefit of Local Governments in Lagos State by the 2nd Defendant since November, 2014 up to the time of filing this action is unconstitutional."
No date has been fixed for the hearing of the suit.
