INTRODUCTION
The 11th day of July 2024, is supposed to be a historic day for every local man out there, as the Supreme Court delivered its landmark judgment that affirmed the financial autonomy of the 774 Local Government Councils, coupled with an order that the Federation Account Allocation Committee (FAAC) allocations for the local government councils be credited directly into their respective bank accounts.
At first, it was a legislative move of the Nigerian Senate, to passed the Local Government Financial Autonomy Bill, with 92 out of 109 senators voting in favour of granting financial independence to the 774 local government councils across the country. The legislative efforts of passing the Local Government Financial Autonomy Bill and the judicial efforts are aimed to ensure that local governments just like the States, should have direct access to their allocated funds without any interference from State governments.
However, six months after the supreme court’s order for direct disbursement of the funds allocated to local government’s accounts, the implementation is still hanging on, raising serious questions about the effectiveness of Supreme Court’s Orders and the broader issue of autonomy of the Nigeria’s third tier of government.
SUPREME COURT V STATE GOVERNORS
The Supreme Court’s decision was a concrete nail to hammer the financial autonomy of Local Governments by mandating that the FAAC allocations be paid directly into the councils’ bank accounts, as the Court sought to bypass any intermediary or the bureaucratic bottlenecks that have often delayed the steady flow of funds to the grassroots level of government.
In theory, the decision was read to empower local governments in enhancing their autonomy and to further promote a more effective governance at the local level.
However, the gap between the Court’s judgment and its implementation is more than an hour journey, which suggests that the road to local government autonomy is still fraught with challenges.
Despite the clear wordings of the Supreme Court’s ruling, the non-compliance by many state governments has raised different of questions and concerns. One of the most pressing questions is: Who is responsible for ensuring compliance with the order?
The Court’s ruling did not explicitly designate an agency or entity to oversee the implementation of its order, leaving a grey area in terms of accountability.
However, it can be argued that the Accountant General of the Federation, as the custodian of the Federation Account, bears primary responsibility for ensuring that the funds are disbursed in line with the Court’s directive.
The Accountant General must ensure that the necessary funds are transferred directly to the local government accounts, eliminating intermediaries that have historically caused delays or mismanagement.
Regarding the Attorney General’s intention to take action against non-compliant states, does he have the power to effect such? By order, the practical mechanisms for enforcing it still remain unclear.
WHERE THE SOLUTION LIE?
The Court could issue further directives to relevant authorities, such as the Accountant General and state governments, compelling them to comply with its ruling.
Such intervention would send a clear message that the judiciary is determined to uphold its decisions and ensure the proper functioning of Nigeria’s federal system.
Also, the Attorney General’s office should explore legal remedies to enforce compliance. This could include contempt proceedings against individuals or entities that actively obstruct the implementation of the Court’s order. Strong legal action would serve as a deterrent against future non-compliance and reinforce the authority of the judiciary.
Furthermore, the fight is not meant for government alone, civil society organizations and the media have a critical role to play in raising awareness about the importance of the issue at stake.
Public advocacy can truly help to ensure that citizens hold their leaders accountable for upholding the law and orders.
To prevent future delays or misappropriation, there must be regular monitoring and reporting on the disbursement of funds.
Transparency in the allocation process will not only ensure compliance but will also enhance accountability, reducing the opportunity for corruption or misuse of public funds.
CONCLUSION
In conclusion, the continued non-compliance with the Supreme Court’s order undermines the principles of federalism and local government autonomy that the judgment sought to uphold.
It is imperative that the relevant authorities take immediate and decisive steps to rectify the situation. By so doing, they will demonstrate a commitment towards rule of law and a good governance, ensuring that the decision of supreme court is fully adhered to and not tampered with.
Axiomatically, only through cooperative action, law enforcement and transparency can Nigeria ensure that it’s local governments are empowered to serve their citizens effectively and efficiently.
About The Writer
Salisu Abdulazeez Lawal is a law student at the prestigious Ahmadu Bello University, Zaria. A legal writer, researcher, poet and Clinician. He can be reach via email @ [email protected] or phone number: 08139952399