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Six Key Takeaways from Local government autonomy Supreme court judgement
The Supreme Court made a landmark ruling on Thursday, July 11, 2019, that the Federal Government must henceforth pay funds allocated to the local governments in Nigeria directly to those administered by democratically elected officials. Delivered by Justice Emmanuel Agim, the ruling is said to rid off an executive or constitutional violation that dates back so many years and is binding on a new way of administration for local government funds in the country. Here are the six key takeaways from the judgment:
1. Unconstitutional Practice:
The Supreme Court banned the practice whereby state governors receive and withhold funds meant to be allocated to LGAs as illegal and unconstitutional. The practice, which has been in action for over two decades, was a violation of the constitutional provisions on local government autonomy.
2. Violation of the Constitution:
The court held that the withholding of LGA funds by state governments and other entities amounts to a misapplication of the funds, as Section 162 of the 1999 Constitution had succinctly made provisions for the allocation and transfer of the funds to the local government areas.
3. Direct Payment of Funds:
The court mandated that funds for LGAs be directly paid from the federation account into the banks of the local governments, bypassing the state governments. This means funds will have to be paid directly to the local governments lest the aim of their being dispatched—that is, development and administration of the locals—should go astray.
4. Democratic Governance Mandate:
The judgment therefore emphasized the need for democratic governance at the grassroots. The court ruled that a governor’s act in appointing caretaker committees to run LGA affairs is unconstitutional, reiterating that LGAs must be run by democratically elected people.
5. Obligation of States:
The judgment also held that the 36 states are under an obligation to ensure democratic governance at the grassroots level. This means they have to allow for the election of local government officials and that LGAs operate independently of undue state interference.
6. Repulse of Governors’ Objections:
The Supreme Court dismissed the objection filed by state governors against the competence of a suit before it by the federal government.
This was to secure financial autonomy for LGAs, with the court’s dismissal of the governors’ objections paving the way for enforcement.
The ruling is therefore considered one major step forward toward enhancing the autonomy of the local government and for money allocated for local development to be utilised as it should.
That decision of the Supreme Court is for strengthening democratic processes at the grassroots level also, apart from upholding constitutional provisions. Further developments will ensue as Federal Government and state governments adjust to fall in line with this Landmark ruling.
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Edo guber: LP’s Akpata remains a front runner, set to capture Edo
By Kayode Sanni-Arewa
Less than twenty-four hours to the start of voting in Saturday’s governorship poll in Edo State, a rash of fake news has broken out.
Leading parties in the election have had their fair shares of fake news either indicating the withdrawal of their candidates or disqualification by a Magistrate Court or Supreme Court.
For instance, Olumide Akpata of LP was said to have withdrawn from the race and thrown his support for Asue Ighodalo in a statement that read smoothly and appeared convincing.
THE CONCLAVE sent the statement to Akpata via WhatsApp for confirmed.
He responded by sending the same statement with FAKE NEWS boldly stamped on it.
He said he was set for victory at the poll.
There was also a news flash about the Supreme Court disqualifying Asue Ighodalo of the Peoples Democratic Party, with a sign off: More details coming….
A Magistrate Court in Abuja was also reported to have disqualified Monday Okpebholo of the APC from the poll on account of age falsification.
The APC campaign organisation had swiftly put a lie to the report by deploying the court papers in the circumstance.
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Guber poll :PDP govs storm Edo to support Ighodalo
By Kayode Sanni-Arewa
Barely 24hours to governorship election in Edo State, no fewer than two governors elected on the platform of Peoples Democratic Party (PDP) on Friday arrived Benin City.
The governors, Ahmadu Fintiri of Adamawa and Kefas Agbu of Taraba, arrived the state to mobilise support for the party’s candidate, Asue Ighodalo.
Fintiri made this known in a post on his social media page on Friday evening.
He said : “Just touched down in Edo State alongside my brother, Gov. Agbu Kefas, ahead of the September 21st gubernatorial election. We stand united in support of our Official PDP Nigeria candidate, Asue ighodalo, for a brighter future.”
Edo governor, Godwin Obaseki, who is the PDP leader in the state, had earlier cried out over alleged plot by the All Progressives Congress to rig the election.
As at the time of filling this report, it was unclear if other PDP governors would also hit the state for the election
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