LG Autonomy: Why Care Taker Committee Chairmen Won’t Get Federal Allocation

Following Thursday’s landmark Supreme Court ruling, which gave Local Governments in Nigeria autonomy, a Senior Advocate of Nigeria, Mike Ozekhome, has clarified that any local government areas (LGAs) not headed by democratically elected officials will not receive allocation from the Federation Account Allocation Committee (FAAC).

LGAs were hitherto controlled by state governments, and governors willed the power to disburse funds allocated to local governments at will and could replace executives who do not align. This has been a contentious issue in Nigerian politics for years.

Ozekhome explained that the supreme court judgment means that LGAs managed by caretaker committees and local council development areas (LCDAs) that are not officially recognized as democratically elected bodies.

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“The judgement of the government is clear. If you want to receive funds from the federation account, then conduct an election,” Ozekhome said during an interview with Channels TV.

He said that caretaker committees and non-elected bodies will be excluded from receiving federal allocations, as outlined under section 162 subsections 5 and 6 of the 199 Constitution.

The Supreme Court also ruled that state governors are prohibited from dissolving democratically elected local government councils, ensuring that local governments are governed by officials elected by their constituents. 

Ozekhome added:

“What this law is saying is that if you are not a democratically elected local government council, you cannot have this money under section 162 subsection 5 and 6 of the 199 Constitution.

On how LGAs are supposed to spend their allocation, Ozekhome says it their perogative.

“That is their internal business, nobody can control that one. But, for now, the money can only go to those local government areas named in the constitution. Don’t forget they are even named in the constitution, 774 local governments.

“If you want money from the federation account, such councils must be democratically elected.”

The judgement marks a pivotal shift in the financial governance of local government areas in Nigeria, aiming to promote democratic processes and accountability at the local level.