The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to take decisive action against states that have failed to conduct credible local government elections. SERAP has asked the President to direct the Minister of Finance, Wale Edun, to withhold federal allocations from such states until they comply with democratic requirements.
SERAP made this demand in a letter dated October 5, 2024, signed by the organization’s deputy director, Kolawole Oluwadare. The group emphasized the need to ensure that federal allocations are only disbursed to democratically elected local government councils, in line with the Nigerian Constitution and a recent Supreme Court judgment.
SERAP’s letter strongly urged President Tinubu to act quickly to address what it sees as a critical issue undermining democracy in Nigeria. The organization called for the withholding of federal allocations to states that have failed or refused to hold credible local government elections.
According to SERAP, any funds from the Federation Account should only be paid directly to local governments that are democratically elected, not to any other institution or caretaker committees often installed by state governors.
SERAP’s call for action comes after the Supreme Court of Nigeria, in a ruling on July 11, 2024, ordered the Federal Government to ensure that allocations from the Federation Account are paid only to democratically elected local government councils. The Court also instructed state governors to uphold democratic governance at the local government level.
The judgment further prohibited state governors from dissolving elected local government councils and replacing them with unelected caretaker committees. This widespread practice has been criticized for stifling grassroots democracy and allowing corruption to flourish.
SERAP believes that enforcing this ruling is crucial for strengthening democracy in Nigeria, and it has called on President Tinubu to ensure compliance with both the Constitution and the Court’s judgment.
SERAP expressed deep concern about the role of state governors in undermining the democratic process at the local level. According to the organization, many governors have failed to organize local government elections, in violation of Section 7(1) of the Nigerian Constitution.
Kolawole Oluwadare, in the letter, highlighted the negative consequences of these failures. “A democratically elected local government council does not and should not exist at the pleasure, whims, and caprice of governors or their political godfathers,” he stated. He went on to emphasize that the Federal Government has a constitutional duty to ensure accountability for the spending of federal allocations.
SERAP also referenced comments made by Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC), who recently criticized the conduct of local government elections in many states. According to Professor Yakubu, these elections have turned into mere “coronations” of ruling party candidates, with little regard for democratic fairness.
Beyond the issue of undemocratic practices, SERAP has also raised concerns about the mismanagement and corruption surrounding federal allocations meant for local governments. The organization noted that trillions of naira disbursed to states for local governments have allegedly been misused, with little to no benefit reaching the people.
Despite increased federal allocations due to the removal of the petrol subsidy and the flotation of the naira, SERAP pointed out that millions of Nigerians continue to suffer from extreme poverty and lack access to basic public services.
The letter further accused state governors of diverting these funds for personal and political purposes, rather than using them for the development of local government areas and the welfare of citizens.
In its letter, SERAP gave President Tinubu a seven-day ultimatum to take action. The organization warned that if the President failed to comply with their request within this timeframe, it would take legal action to compel the Federal Government to enforce the Supreme Court’s ruling.
SERAP made it clear that withholding allocations from non-compliant states is not only in the public interest but also entirely consistent with the rule of law. “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,” the letter stated.
