Why ‘Executive Order’ Threat To Enforce Local Government Autonomy Misses The Point—Governor Makinde
Why
OpenLife Nigeriareports that President Bola Tinubu on Friday, December 19, warned state governors that he may be compelled to issue an Executive Order to ensure direct allocations to local governments if they fail to comply with a Supreme Court ruling affirming financial autonomy for Nigeria’s third tier of government.
The president delivered the warning during the 15th National Executive Committee (NEC) meeting of the All Progressives Congress (APC) held at the State House Conference Centre in Abuja, attended by governors, National Working Committee members, and other party leaders.
Mr Tinubu had earlier sounded a similar warning at the APC’s 14th National Caucus meeting on Thursday, emphasising that local government autonomy cannot be achieved without a funded mandate.
Reiterating his earlier directive, the president said non-compliance by state governments could force the federal government to directly release funds to local councils through the Federation Account Allocation Committee (FAAC).
“The Supreme Court has capped it for you again, saying, ‘give them their money directly,’” Mr Tinubu told NEC members.
“If you wait for my Executive Order, because I have the knife, I have the yam, I will cut it. I’m just being very respectful and understanding with my governors. Otherwise, if you don’t start to implement it, FAAC after FAAC you will see.”
The president’s remarks follow the landmark Supreme Court ruling of 11 July, 2024, which upheld a federal government suit seeking to enforce financial independence for local governments. In a unanimous decision, a seven-member panel declared it unconstitutional for state governments to retain or manage funds meant for local councils.
Map of Nigeria – Vector illustration
The court ordered that allocations from the Federation Account be paid directly to local governments, as provided under Section 162 (5–8) of the Constitution.
Despite the ruling, many state governments have continued to channel local government funds through joint accounts, a practice the apex court deemed unlawful.
Mr Tinubu stressed the importance of compliance, warning that continued violations could trigger federal intervention.
“The ultimate goal is our Supreme Court. We have to comply. We have to respect the judgment,” he said, underlining the administration’s commitment to enforcing local government financial autonomy.
Reacting during a live interview, governor Seyi Makinde of Oyo State explained why President Tinubu’s threat of Executive Order to compel governor’s compliance on Local Government autonomy misses the point.
According to him, “So many inconsistencies here. For instance, they created LCDAs in Lagos. Is that consistent with local government autonomy?
“What are you saying when you have created LCDAs? Are you not saying that the local government should be under the state? So how come now suddenly…?
“So I know there’s a Supreme Court judgment on this matter, but some of these things may not be resolved strictly through the judicial process. Some, you have to negotiate a political solution and things like that.
“I think this will fall into that category where people should honestly come to the table and say we have issues with this area or that area. We can’t keep shifting.
“If you are at the sub-national level, you take one position. If you’re at the federal level, you take another position. I don’t think that should be it.”