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States lose battle over LG funds’ management

Published

4 years ago

May 24, 2022

The 36 Governors lost on Monday in their opposition to Federal Government’s efforts to monitor their handling of Local governments’ funds.

Justice Inyang Ekwo of the Federal High Court in Abuja dismissed a suit filed to that effect by the 36 states, through their Attorneys General and the Nigeria Governors’ Forum (NGF).

The States, in the suit marked: FHC/ABJ/CS/563/2019, challenged the legality of the Nigerian Financial Intelligence Unit (NFIU) Guidelines, which came into effect on June 1, 2019.

The NFIU 2019 guidelines required among others, that the States/Local Governments Joint Accounts should be used only for receiving funds and subsequently transferring them to Local government accounts only.

The NFIU claimed that the guidelines, which also limit daily cash withdrawal from the State/LG joint account to N500,000 are intended to reduce “crime vulnerabilities created by cash withdrawal from local government funds throughout Nigeria effective from June 1, 2019.”

Listed as defendants in the suit are the Attorney General of the Federation (AGF), the NFIU and the Nigeria Union of Local Government Employees (NULGE).

They argued among others that the NFIU guidelines: known as “the NFIU Enforcement and Guidelines to Reduce Crime Vulnerabilities Crafted by Cash Withdrawal From Local Government Funds Throughout Nigeria,” particularly provisions 1 to 6 and the penalties prescribed are ultra vires the power of the NFIU under Sections 3 (1) and 23(2) (a) of the Nigerian Financial Intelligent Unit Act, 2018 and therefore unconstitutional.

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In the judgement on Monday, Justice Ekwo held that he is unable to see where the guidelines contradict the provisions of sections 7(1), (6) (a) and (b) of the Constitution.

The judge added that the guidelines also did not conflict with the provision of Section 162(6) of the Constitution, which creates the State Joint Local Government Account, into which allocations to the Local Government Councils of the state from the Federation Account and from the government of the state are paid.

He said that the guidelines did not contradict Section 162(8) of the constitution which prescribed that the amount standing to the credit of the local government council of the state shall be distributed among the local government councils of that state on such terms and in such manner as may be prescribed by the House of Assembly of the state.

Justice Ekwo added that the provisions of the NFIU guidelines also do not contradict the provisions of the 4th Schedule to the 1999 Constitution which prescribes the functions of a Local Government Council.

Noting that “ duty of the court is limited to expounding the law and not expanding it,” the judge said: “On the whole, I see the provisions of the guidelines of the 2nd defendant as seeking to direct the monitoring of accounts, transfers and any other means of payment or transfer of funds of local government councils as provided for in Section 3 (1) (r) of the Act of the NFIU.

“It only limits cash withdrawal made from any Local Government Account anywhere in the country to amount not exceeding N500,000.00 (Five Hundred Thousand Naira) per day.

“Any amount higher than that can be done using other methods of banking transaction save cash.

“Unless it can be shown that there is any provision of the 1999 Constitution (as amended) which these provisions of the 2nd defendant’s guidelines have contradicted or conflicted directly and practically, then the issue of unconstitutionality cannot be said to arise.”

Justice Ekwo said he found that there was no provision in the NFIU’s guidelines that has contravened the provisions of Sections 7(1), (6) (a) and (b), 162 (6), (7) and (8), and the 4th Schedule to the 1999 Constitution (as amended).

“I also find that the case of the plaintiffs has not been established and I so hold.

“I find, in the end, that the case of the plaintiffs lacks merit and ought to be dismissed and it is hereby dismissed,” the judge said.

Earlier, Justice Ekwo struck out the name of the NGF as a co-plaintiff in the suit on the grounds that it lacked the locus standi to file the suit.

THE NATION

Related Topics:LG funds management states

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Tinubu Commissions Gateway Airport, Pledges to Crush Banditry in Nigeria

Published

8 hours ago

April 5, 2026

Trends Admin

President Bola Ahmed Tinubu

Tinubu Commissions Gateway Airport, Pledges to Crush Banditry in Nigeria

President Bola Tinubu has pledged to defeat banditry, terrorism, and insecurity across Nigeria, promising continued investment in the country’s security architecture. He made the declaration while commissioning the Gateway International Airport and several other federal projects in Ogun State on Saturday.

Speaking at a reception following the inauguration, Tinubu said his administration will intensify efforts to protect lives and property across the nation. “We will win over banditry and defeat insecurity. We will continue to invest more to strengthen the security architecture of Nigeria,” he stated, emphasizing the government’s commitment to national safety.

The president described the Gateway International Airport as the economic nerve center of Nigeria’s corridor, highlighting its role in boosting the aviation sector, trade, and socioeconomic development in Ogun State and the wider region. The airport is integrated with independent gas and energy infrastructure, ensuring sustainability and operational efficiency.

Tinubu also lauded Governor Dapo Abiodun for using improved federal allocations to develop infrastructure capable of driving Ogun State to greater economic heights. He praised the state government’s focus on mobility, security, agriculture, and industrial development, noting that projects like the airport and new Gateway Airlines will enhance trade, logistics, and employment opportunities.

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Governor Abiodun, in his remarks, emphasized the transformative impact of the airport and related infrastructure on Ogun State’s economy. He noted that the state’s internally generated revenue has grown from ₦40 billion to over ₦250 billion annually, while its GDP increased from ₦4 trillion to ₦17 trillion over the past seven years. He added that the airport features a four-kilometre runway, modern control tower, advanced aviation systems, and cargo facilities, making it a centerpiece of the state’s emerging aerotropolis.

The ceremony also saw the launch of Gateway Airlines, operating Bombardier CRJ900 aircraft, alongside cargo services designed to expand trade and logistics capacity. Beyond aviation, Ogun State has invested heavily in roads, healthcare, and housing, including over 1,600 km of rehabilitated roads, more than 7,000 affordable homes, and 140 primary healthcare centers, according to Governor Abiodun.

The event was attended by prominent dignitaries including Senate President Godswill Akpabio, former President Olusegun Obasanjo, state governors, lawmakers, captains of industry, and traditional leaders. Both praised the collaboration between federal and state governments in delivering critical infrastructure, with Tinubu’s leadership highlighted as key to Nigeria’s development and security progress.

Tinubu emphasized that the federal government’s reforms and infrastructure investments are people-centered, aimed at improving daily life, fostering prosperity, and ensuring national security. He added that these efforts are designed to overcome violence and terrorism while positioning Nigeria for sustained economic growth.

Tinubu Commissions Gateway Airport, Pledges to Crush Banditry in Nigeria

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Mother, Six Children Kidnapped in Fresh Kaduna Bandit Attack

Published

23 hours ago

April 4, 2026

Trends Admin

Commissioner of Police in Kaduna State is CP Muhammad Rabiu

Commissioner of Police, Kaduna State, CP Muhammad Rabiu

Mother, Six Children Kidnapped in Fresh Kaduna Bandit Attack

In a fresh wave of banditry in Kaduna State, a mother and six children were abducted from their home in Kurmin‑Uwa near Janjala community in Kagarko Local Government Area on Friday night. The attack comes less than 24 hours after suspected bandits kidnapped ten residents, including seven members of a single family, in Unguwar Sabon‑Titi, Katari.

According to residents, the raid occurred around 10:23 p.m., with the assailants going directly to the targeted house before whisking away the victims, identified as Ladi Malachy, Patience Malachy, Promise Malachy, Inama Malachy, Peter Malachy, and Aboyi Malachy. Witnesses said the attackers fled into surrounding forests, leaving the community in fear.

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A local resident, Ibrahim Shehu, confirmed the abduction, while a community leader, speaking on condition of anonymity, revealed he alerted security operatives immediately after learning about the raid. However, it remains unclear whether authorities responded promptly. Kurmin‑Uwa is located about two kilometres from Kagarko town, an area that has seen repeated bandit attacks on households.

Security sources indicate that search and rescue operations have been launched, as authorities work to locate the kidnappers and secure the release of the abducted family. Meanwhile, the Kaduna State Police Command has yet to issue an official statement regarding the incident.

The back‑to‑back kidnappings have heightened tension in rural Kaduna communities, with residents calling for intensified patrols, improved security presence, and faster emergency response to prevent further abductions. Analysts warn that without swift action, such violent raids may continue to terrorise villages across the state.

Mother, Six Children Kidnapped in Fresh Kaduna Bandit Attack

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INEC Warns ADC Against Holding Convention Without Supervision

Published

2 days ago

April 3, 2026

Trends Admin

Chairman of the Independent National Electoral Commission (INEC), Joash Amupitan

INEC Warns ADC Against Holding Convention Without Supervision

The Independent National Electoral Commission (INEC) has cautioned the African Democratic Congress (ADC) against proceeding with its planned congresses and national convention without proper supervision and in defiance of an existing court order.

Chairman Joash Amupitan issued the warning during an interview on Arise TV on Friday, after the ADC insisted on going ahead with its convention despite INEC’s derecognition of the leadership faction linked to David Mark and Rauf Aregbesola.

Amupitan stressed that INEC’s actions were guided by legal considerations, particularly a subsisting court order restraining the ADC from taking steps that could undermine ongoing legal proceedings. “Don’t do anything. Don’t take any step that will render any proceeding before the court nugatory,” he said.

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He explained that the ADC’s plan to conduct congresses and a national convention is already part of a pending legal process, with motions related to the activities yet to be determined by the court. Ignoring the court’s directive, he warned, could result in invalidated elections or nullified internal party decisions, citing precedents in Zamfara and Plateau states where failure to comply with court orders affected electoral outcomes.

Amupitan highlighted the risks of repeating past mistakes, stressing that while the ADC is free to act as it chooses, INEC would not risk supervising illegal or unauthorized party activities. He reinforced the importance of adhering to the Electoral Act and judicial directives to ensure that party events are legally recognised and free from future challenges.

The INEC Chairman’s warning comes amid heightened tension within the ADC, with the faction led by David Mark facing derecognition and ongoing litigation over the party’s legitimate leadership. Analysts note that the statement underscores INEC’s commitment to rule of law, legal compliance, and internal party democracy, especially as Nigeria approaches the 2027 general elections.