CRIPPLING EFFECTS OF WITH-HOLDING 15 LG’S FUNDS BY FG

On Monday, March 12^th, media reports revealed that the statutory allocation of 15 local government councils have been withheld by the federal government for the months of December and January. The local government areas affected were those placed under state of emergency by President Goodluck Jonathan in December last year. They are Jos North, Jos South, Barikin-Ladi and Riyom in Plateau State. Also, Maiduguri Metropolitan, Ngala, Bama, Biu and Jere in Borno State. Others are Damaturu, Gaidam, Potiskum, Gijba and Barde in Yobe State as well as Suleja LGA in Niger State.

Funds due to the affected councils amounting to 2.886 billion naira are currently being withheld by the federal government since the declaration of emergency rule on the area as a result of the prevailing insecurity in those areas. Although a gazette sent to the National Assembly which confirmed intent of the President to declare emergency rule on the fifteen local government areas indicate that the affected areas would be subjected to direct orders from the presidency. It was never expected that the action would result in withholding their funds by the federal government.

Even if it is constitutional for the President to declare state of emergency on any state, local government or any part of the country when necessary, it is widely considered illegal for him to deny local governments their statutory allocation. This particular view is being strongly re-enforced by the fact that a court of law in the country once ruled against the decision of former President Olusegun Obasanjo to withhold the funds meant for local governments in Lagos state over a certain disagreement between the federal government and the state government. Although Obasanjo characteristically ignored the court order, his immediate successor Late Umaru Musa Yar’adua who demonstrated willingness to observe the rule of law released the funds. With-hold

After all, this is an emergency rule with a difference. It would be recalled that when Obasanjo imposed emergency rule on Plateau and Ekiti States, the action came with the removal of the elected governors of the two states. Another distinctive feature of this declaration of state emergency by President Jonathan was that only selected local governments that are still facing serious security challenges are affected. While this could be described as a score mark for the Jonathan administration, the with-holding of the statutory allocations due to the local governments for three months comes across as a condemnable act.

For local governments that can hardly generate sufficient funds internally to take care of their basic chores, the measure could mean the collapse of activities of the area councils. Without the federal allocation, most of the local governments could not pay their staff salaries, vehicles and generators could not be fuelled, in some cases, even basic stationery for the day-to-day running of the area councils could not be procured. Also, Primary health care centres, community schools and other sectors that heavily rely on the monthly allocation may not be able to function properly.  In other words, this is tantamount to strangling the areas and compounding their predicaments.

As necessary as the emergency rule could seem, it is important for the federal government to ensure compliance with the relevant laws and constitutional provisions guiding the action, and ensure the speedy release of the funds owed to the affected local government councils, so that social and economic activities could continue as smoothly as possible.

The various local government chairmen affected have openly complained over the measure, which as they rightly argued have negative implications to the smooth running of the local governments. The national assembly to which the matter has now been taken should expedite deliberation on the matter so that the presidency could be compelled to release the funds.