Emmanuel OchayiThe Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to take action against state governments that have failed to hold credible local government elections.
The organization insists that federal allocations to these states should be withheld until they comply with constitutional requirements for democratic local governance.
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In a statement issued on Sunday, SERAP’s Deputy Director, Kolawole Oluwadare, requested President Tinubu to instruct the Minister of Finance, Mr. Olawale Edun, to withhold federal allocations from states that have not conducted local government elections. According to Oluwadare, this move is necessary to enforce the Nigerian Constitution, which mandates that only democratically elected councils should receive federal funds.
“President Tinubu must ensure that federal allocations are only paid to democratically elected local councils,” Oluwadare stated. “Any failure to do so would undermine the constitution and weaken governance at the local level.”
Local Government Elections Delayed in Many States
While some states, including Rivers, Benue, Akwa Ibom, and Jigawa, held local government elections on October 5, many others are yet to follow suit. Despite this, these states continue to receive federal allocations designated for their local councils. This situation has sparked concern from civil society groups like SERAP, which see the delays as an abuse of power by state governors.
SERAP’s criticism is focused on the idea that some governors are withholding local government elections to maintain control over local councils and federal funds. This practice, they argue, goes against the spirit of democracy and the rule of law.
SERAP’s Legal Threat
SERAP warned that if President Tinubu fails to act within seven days, the organization would pursue legal action to compel compliance with their demands. “We would be grateful if the recommended measures are taken within 7 days of receipt and/or publication of this letter. If not, we will consider appropriate legal action in the public interest,” Oluwadare emphasized.
He further explained that withholding allocations to undemocratically constituted local councils would be in line with the rule of law. “It will be entirely consistent with the rule of law to immediately withhold federal allocations to states that have failed or refused to conduct local government elections,” he said.
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SERAP’s Call for Compliance with the Constitution
SERAP emphasized that President Tinubu’s government has a constitutional duty to ensure that the Nigerian Constitution is respected, particularly in relation to the operation of local government councils. The group argued that federal allocations should only be paid to councils that are genuinely democratically elected.
“The Nigerian Constitution of 1999, as amended, is clear on the issue of local government councils and their entitlement to direct payments from the Federation Account,” Oluwadare said. “A democratically elected local government council does not and should not exist at the pleasure, whims, and caprices of governors or their political godfathers.”
Rule of Law and Good Governance
SERAP further stressed that compliance with the Constitution and Supreme Court rulings is vital for promoting good governance, welfare, and development at the local level. “Local government councils are entitled to direct payments from the Federation Account to promote good governance, people’s welfare, and the development of local government areas across the country,” the statement added.
Oluwadare noted that political expediency must not override the rule of law, especially when it concerns public welfare. “Where the rule of law reigns, political expediency ought to be sacrificed on the altar of the rule of law so as to guarantee the continued existence of institutions created to promote social values of liberty, orderly conduct, and development,” he stated.
SERAP’s Next Steps
If the government fails to respond to its demands, SERAP is prepared to take legal action to compel the federal government to enforce the law. “We are prepared to use legal means to ensure that allocations are withheld from states that refuse to hold local government elections,” Oluwadare said.
SERAP’s insistence on constitutional compliance reflects a broader concern with governance and accountability at all levels of government in Nigeria. With local government councils playing a crucial role in grassroots development, the failure to hold elections threatens to weaken democracy and hinder development efforts.
Emmanuel Ochayi is a journalist. He is a graduate of the University of Lagos, School of first choice and the nations pride. Emmanuel is keen on exploring writing angles in different areas, including Business, climate change, politics, Education, and others.
