weyreypey:
Fubara in soup...

Is it only Fubara that you can see? In a few weeks' time LG elections will be conducted by Fubara

weyreypey:
Fubara in soup...

Ojuntana:
Is this not against the constitution?

No be when democratically elected Local Government Chairmen are in place, all these will follow

So, for States that does not conduct local government elections, they will not be entitled to these clauses.

Blue3k:


They gave it to themselves and nobody going to challenge the judicial rascals. We like this ruling and are too lazy to amend the constitution to whatever we really want it to say.



Funny enough to not the first time activist judges legislated from the bench. I want to read the majority and minority opinions. Ruling like this are always a fun read. How do they rationalize this ruling.

It's an aberration. They just tore the Constitution to shreds. I don't blame them though. Nigerians are too fickle and misguided to practice democracy rightly. All those rejoicing over this seem unaware of the classism behind it. It seems once a powerful section of the political elite agree on something, then it does not matter what even our laws say. They can simply pronounce the law as they want it to be and go ahead and do what pleases them. It is the govs today. Who will it be tomorrow?
I can already see an attempt to whittle down the power and influence of the states. This is in direct conflict with the concept of autonomy of the states and devolution of power as contained in true federalism which the so-called progressives championed for many years. They are there now and instead of strengthening the states as proper federating units, they are looking to encumber them using the courts.

senatordave1:


APC should win ughelli, Ethiope,isoko south

If actually there is an election unfortunately, LG election doesn't exist

What a good Thursday!!

wealthyprince:


Who will conduct LG election?

The State. If it is the State then forget the law....What is the law when i have my people incharge of LGAs.

Nigeria law always have loophole. The Rich and elites know this. They may hold it but once election is done they will release it.

Once the local government becomes independent, the election will overtime become strengthened.

Federal government conduct elections for states, does that mean federal government always influences it?

Same thing will eventually happen with LG. We are not there yet but with time, it will get better.

bixton:



Your comment just shows you've not actually been following up the processes. Please do well to search Google for it also from other links. The below ia just the few. Thanks.

https://authorityngr.com/2024/01/29/inec-empowered-to-conduct-elections-in-local-govts-as-national-assembly-grants-them-autonomy/


https://thestreetjournal.org/national-assembly-grants-autonomy-to-local-councils-amends-constitution-for-electoral-reforms/

Baba I know all these it can only become law when the president has assented to the bill, but till now nothing like that has happened. As I said Delta is holding LG election this weekend and it's being conducted by DSIEC not INEC

Odidigboigbo:
If actually there is an election unfortunately, LG election doesn't exist

Sheriff looks like a careless and carefree governor, anything can happen

Next is to scrap SIEC and allow INEC conduct lga elections like it's done in FCT.

Deefirm:
Are you aware RSIEC has been instructed by Governor Fubara to conduct LG election? Are you also aware that Rivers come 2nd after Lagos in terms IGR (Meaning the governor still has a lot of funds at his disposal)? Are you aware this is the right way to go as a Nation, and that this judgement applies to all the 35 states of the federation and not just Rivers State? Truly, sense of far from some of you folks.

Don't mind that supporter of wickedness from Wike and allies.

adioolayi:


No be when democratically elected Local Government Chairmen are in place, all these will follow

So, for States that does not conduct local government elections, they will not be entitled to these clauses.

1. I don't agree with the FG withholding funds because the states do not behave the way they like. Who is policing the FG if you make FG police for the states. Buhari attempted states legislature and judiciary autonomy. Even though he went about it the wrong way, that is the best panacea to this issues. Once the legislature and judiciary get their funding directly from federation account, the rest will take care of themselves including autonomy for LGs. Funny enough, it was same SC that ruled against Buhari using Acts and not even Constitutional provisions.

2. So when the FG pays money into LG accounts directly, will states still be duty bound to share their IGR with LGs since the provision for that as outlined in the constitution just got poohed on? What does that do for taxation and ease of doing business in the long run? For me, this judgement does not enrich our democracy. It just seems more like a legal attempt to decimate the govs. I find it reprehensible

senatordave1:


Sheriff looks like a careless and carefree governor, anything can happen

Let's keep our fingers crossed, just two to go.

Ojuntana:
Is this not against the constitution?

Two sections of the constitution were at varied hence need for the supreme Court intervention.
Check out Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) states:

"The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall ensure their existence under a Law which provides for the establishment, structure, composition, finance, and functions of such councils."

ddippset:
Do you know how much Rivers IGR is?

Well my main point is this,,

For now, solidifying his structures across all LGAs is more important for Fubara than fighting to receive LGA allocations.

Am sure Fubara knows this. He would not mind losing money for another 1 year just to eliminate all Wike elements within the LGA structures.

Solidifying requires money like lots of money, the difference is the person he is in a fight with still wield power, and lots of money at his disposal and lots of loyal foot soldiers.

My point is, he started it too early, he should have built his war chest at least 2 years before attacking him, that way he will be rounded and acquainted with who and how to use in dismantle his opponent.

pharmagba:

Two sections of the constitution were at varied hence need for the supreme Court intervention.
Check out Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) states:

"The system of local government by democratically elected local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall ensure their existence under a Law which provides for the establishment, structure, composition, finance, and functions of such councils."

What does this conflict with if i may ask

HORLADY:
Wow.
This is a landmark judgement.
We can now out a face and name to the Chairman of these various local governments and hold them accountable. Its time to be less fixated on the FG and SG. Lets ensure that the grassroot grts the benefit of democracy.
The Local Governments should organise various social welfare programmes such as Food bank, and Old people homes.
Kudos Lateef Fagbemi SAN. You really do this one.

Another benefit of this landmark decision is that because the local government chairman does not have immunity, any misappropriation can be nipped in the bud

Blue3k:


They gave it to themselves and nobody going to challenge the judicial rascals. We like this ruling and are too lazy to amend the constitution to whatever we really want it to say.



Funny enough to not the first time activist judges legislated from the bench. I want to read the majority and minority opinions. Ruling like this are always a fun read. How do they rationalize this ruling.

They have given similar judgments like in the case of ekiti and Oyo lgas but not has ever been holistic, comprehensive,forceful and with decisive and consequential orders like this...

In rationalizing it,the spirit and letters of the constitution is federal and provides for federalism,power sharing and separation of powers among the arms and levels of government.in section 162 sub 1-5 it already provided financial autonomy to fg and states and then make a U-turn in sub 6 by subjecting lgas to states which is anomaly and contradictory.it is trite law that where two sections or statues of the constitution are contradictory,the former portion shall prevail over the latter...
@fergie,this might indirectly have implications for Edo guber

sparko1:


Solidifying requires money like lots of money, the difference is the person he is in a fight with still wield power, and lots of money at his disposal and lots of loyal foot soldiers.

My point is, he started it too early, he should have built his war chest at least 2 years before attacking him, that way he will be rounded and acquainted with who and how to use in dismantle his opponent.

In my view, this actually favours states like Rivers. They don't have to share their IGR with the LGs anymore since FG has now undertaken to pay them directly. The intent behind the joint accounts at the state level is so that the IGR is also shared along with the federal allocation. How much does each LG get from the Federal purse? No LG gets up to 1bn monthly. So I don't see why the SC will decimate the constitution which they obviously have no powers to do just to satisfy some political interest

Ojuntana:

In my view, this actually favours states like Rivers. They don't have to share their IGR with the LGs anymore since FG has now undertaken to pay them directly. The intent behind the joint accounts at the state level is so that the IGR is also shared along with the federal allocation. How much does each LG get from the Federal purse? No LG gets up to 1bn monthly. So I don't see why the SC will decimate the constitution which they obviously have no powers to do just to satisfy some political interest

PHALGA and OBio/Akpor get up to that in some months, sane with LGAs in Abuja

sparko1:


Solidifying requires money like lots of money, the difference is the person he is in a fight with still wield power, and lots of money at his disposal and lots of loyal foot soldiers.

My point is, he started it too early, he should have built his war chest at least 2 years before attacking him, that way he will be rounded and acquainted with who and how to use in dismantle his opponent.

That's a lie. You strike while the iron is hot. If he waited for two years, by then, he would have lost a lot of momentum. As it is now, Wike is severely weakened.

sparko1:


Solidifying requires money like lots of money, the difference is the person he is in a fight with still wield power, and lots of money at his disposal and lots of loyal foot soldiers.

My point is, he started it too early, he should have built his war chest at least 2 years before attacking him, that way he will be rounded and acquainted with who and how to use in dismantle his opponent.

Lol @ built his war chest.

We heard so many outrageous rumours!!

1. Like LGA chairman were supposed to be remitting monies to the former governor.
2. Like Sim himself was supposed to be remitting money to the former Governor, 20 percent of State allocation to be more precise.
3. Like there was a limit to the amount of contract Sim was permitted to sign without firstly consulting the former Governor..
And so many more!

Now assuming that these conditions were true, how was he supposed to build any war chest under such conditions

good news but more LGA chairman looters go plenty

Ojuntana:

1. I don't agree with the FG withholding funds because the states do not behave the way they like. Who is policing the FG if you make FG police for the states. Buhari attempted states legislature and judiciary autonomy. Even though he went about it the wrong way, that is the best panacea to this issues. Once the legislature and judiciary get their funding directly from federation account, the rest will take care of themselves including autonomy for LGs. Funny enough, it was same SC that ruled against Buhari using Acts and not even Constitutional provisions.

2. So when the FG pays money into LG accounts directly, will states still be duty bound to share their IGR with LGs since the provision for that as outlined in the constitution just got poohed on? What does that do for taxation and ease of doing business in the long run? For me, this judgement does not enrich our democracy. It just seems more like a legal attempt to decimate the govs. I find it reprehensible

I clearly understand your point. The question is, have the Governors done well in managing these local governments all these years? The answer is NO.

For me, all the concerns you raised will not come into play if these Governors ensure elections are conducted.

Also, if we are saying Local Government accounts should not be separated from State Government accounts because of resource distribution, especially the issue of IGR you raised.....don't forget the FAAC account is a joint account being shared, same mechanism by which FG, State and LG is using to share FAAC..should also be used in sharing the IGR generated by State and LG. If they don't have one in place by now, they should form one.


The Governors own don dey too much

sagitariusbaby:
you are the ignorant dolt here if you think Wike has anything to do with this judgment. Over twenty one states are affected by this judgment and this case has been dragging before the Rivers state crisis.

I see that you’re as stupid and idiotic as the person you’re attempting to defend. This case was initiated on the 26th of May and judgement was expedited in a manner not seen before in the judicial circle. One will even expect that you do a little search before displaying your idiocy and foolery in public but I’m not surprised. Jumping into a mention that didn’t carry your name is enough proof of your idiocy!

Ojuntana:

In my view, this actually favours states like Rivers. They don't have to share their IGR with the LGs anymore since FG has now undertaken to pay them directly. The intent behind the joint accounts at the state level is so that the IGR is also shared along with the federal allocation. How much does each LG get from the Federal purse? No LG gets up to 1bn monthly. So I don't see why the SC will decimate the constitution which they obviously have no powers to do just to satisfy some political interest

Why won't dey share IGR

Are they all not sharing FAAC

Same way FGN, State and LG dey share FAAC, same way State and LG go dey share IGR

Odidigboigbo:
Let's keep our fingers crossed, just two to go.

Honestly,sheriff has been a failure so far.okowa at least concentrated in roads, healthcare and stabilized the polity while developing delta north.ibori influence was minimal.sheriff is like a disgrace for the civilized and highly educated urhobos race.Agehe may have been better

Ebubu2:
Implementation will be the problem

Implementation being a problem? The FG will gladly not release funds to the affected LGs

vanitybutiwanti:
PHALGA and OBio/Akpor get up to that in some months, sane with LGAs in Abuja

Are you sure about that? FG allocation alone o.
Those months if they exist will be the anomaly and not the norm.
Let us take 1trn for example as this month's allocation. 520bn goes to FG, 280bn to 36 states and then 200bn to 774 LGs. If you divide 200bn by 774 LGs, that will be 258m per LG on average. How many months do we share 1trn not to mention above 1trn. An LG that gets above 1bn in Rivers may be due to the IGR and other royalties accruing to the states being shared on top of their federal allocation. With this judgement, a governor can easily decide to withhold that IGR part of the allocation and there will be no way to question him since the state joint account just got deleted by the SC. That was the initial idea behind state joint accounts.
FCT does not share from Federal allocation. It takes its share from that of the FG

adioolayi:


Why won't dey share IGR

Are they all not sharing FAAC

Same way FGN, State and LG dey share FAAC, same way State and LG go dey share IGR

Do you realise SC just summarily removed LG from SLJAC and added them to FAAC by this pronouncement? So why should states share proceeds from SLJAC with them when they are not members? I already said it that the whole thing makes no sense!

What happened to Tinubu's famed agitation for fiscal federalism and resource control? That should be the way to go as it exists in other countries. If the states and LGs control the resources in their domains and pay royalties to FG, there will be no need for any spoonfeeding. All this is whitewash. Tinubu is looking like an hypocrite after all

adioolayi:



I clearly understand your point. The question is, have the Governors done well in managing these local governments all these years? The answer is NO.

For me, all the concerns you raised will not come into play if these Governors ensure elections are conducted.

Also, if we are saying Local Government accounts should not be separated from State Government accounts because of resource distribution, especially the issue of IGR you raised.....don't forget the FAAC account is a joint account being shared, same mechanism by which FG, State and LG is using to share FAAC..should also be used in sharing the IGR generated by State and LG. If they don't have one in place by now, they should form one.


The Governors own don dey too much

It is obvious you are not even aware of how these things operate. It's a hierarchy.
1. All funds collected by the Federal Govt goes into the federation account aka FAAC.
2. FAAC is shared between the FG and states
3. The states collect all funds meant for the states and pay into the state joint account aka SLJAC
4. SLJAC is shared among the state and the LGs
You can see here that FG and states have a common purse called FAAC while states and LGs have a common purse called SLJAC.
If you remove LG from SLJAC and add them to FAAC, why should the state still recognise them as part of SLJAC?
Watch what will happen in the coming months. You will see the folly of this judgement