Mike Ozekhome, SAN
Senior Advocate of Nigeria Mike Ozekhome stated on Friday that the Supreme Court’s recent judgment on Local Government Council Autonomy means that Caretaker Committee Chairmen will not receive funds from the Federation Account Allocation Committee (FAAC).
Ozekhome explained this during an appearance on Channels Television’s breakfast program, ‘The Morning Brief’.
“The judgement of the government is clear. If you want to receive funds from the federation account, then conduct an election,” Ozekhome said. He emphasized that local governments with caretaker committees will not receive money from the federation account. “If what you have in place is a caretaker committee as local government chairman, be sure that it will not have money from the federation account.”
Ozekhome also noted that Local Council Development Areas (LCDAs) created by Lagos and other states are not eligible for FAAC funds under the new ruling. “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 1999 Constitution,” he said.
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Funds should only go to democratically recognized LGAs. “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.”
The Supreme Court’s decision mandates that the federal government must pay allocations directly to local government councils from the federation account. The court declared it unconstitutional for state governors to hold onto funds meant for Local Government administrations and barred governors from dissolving democratically elected Local Government councils.
“If you want money from the federation account, such councils must be democratically elected,” Ozekhome reiterated. The Supreme Court ordered the Federal Government to withhold allocations of LGAs governed by unelected officials appointed by governors.