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Missing LG Funds: SERAP drags Govs, FCT Minister to court

By Daniel Tyokua

The Socio-Economic Rights and Accountability Project (SERAP) has filed a suit against the 36 state Governors and the Minister of the Federal Capital Territory (FCT), Abuja, Nyesom Wike, “over their failure to account for the alleged missing N40 trillion federal allocation meant for local governments in the states and the FCT.”

The suit followed revelations by former President Muhammadu Buhari who in December, 2022 stated that, “if the money from the Federation Account to the State is about N100m, N50m will be sent to the chairman but he will sign that he received N100 million. The chairman will pocket the balance and share it.”

In the suit number FHC/ABJ/CS/231/2024 filed last week Friday at the Federal High Court, Abuja, SERAP is asking the court to “direct and compel the governors to publish details of LGA allocations and actual disbursement of the allocations to local governments in their respective states from 1999 to date.”

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Kehinde Oyewumi and Andrew Nwankwo, noted that, “opacity in the amounts of federal allocations actually disbursed to local governments in the states and FCT have continued to have negative impacts on the fundamental interests of the citizens.”

SERAP also asks the court to “compel and direct Wike to publish details of federal allocations meant for the Area Councils in the FCT and the actual disbursement of the allocations to the Area Councils in the FCT from 1999 to date.”

In the suit, SERAP is arguing that, “the Nigerian Constitution, the Freedom of Information Act, and the African Charter on Human and Peoples’ Rights impose transparency obligations on the Governors and Wike to publish the details of LGA allocations and actual disbursement in their states and the FCT.

They argued that, “State governors and Wike cannot hide under the excuse that the Freedom of Information Act is not applicable to their states and the FCT. 

“The legal obligations to publish the information sought are also imposed by the provisions of the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.

“It is in the public interest and the interest of justice to grant this application. Nigerians are entitled to their constitutionally and internationally recognized human right to information.

“Transparency would ensure that the allocations are not diverted into private pockets, and increase public trust that the money would be used to benefit Nigerians resident in these LGAs.

“Many years of allegations of corruption and mismanagement of federal allocations meant for local governments have contributed to widespread poverty, underdevelopment and lack of access to public goods and services in several states.

“Granting the reliefs sought would ensure transparency and accountability in the actual disbursement and spending of federal allocations in the states and FCT would also improve the enjoyment by Nigerians of their right to natural wealth and resources.”

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