Photo Caption:Maj Gen Ishola Williams retd
The last may not have been heard of the issue of autonomy for local governments as granted by the Judgement of the Supreme Court on Thursday.
Former Secretary of Transparency International,Major General Ishola Williams,retd is of the opinion that state’s can still refused to release Funds until their is constitutional amendment .
According to him,the Governors could still rely on Section 162 (6) (7) (8)of the 1999 constitution (see enclosed)
According to him,No Supreme Court ruling can invalidate them. It will take a Constitutional amendment exercise to change these provisions.
In this regard,he said A Bill must be presented to the NASS, 2/3 of members in the each Chamber must vote in favour of the Bill. Then such approved Bill must be sent to the 36 States Assemblies while 2/3 of the 36 States Assemblies, that is 24 States, must also vote in favour of such a Bill and transmit their decision in writing back to the NASS.
Constitutional provision
The NASS can then send the results to the President for assent. Said he,”Section 162(6) says that there shall be a “State Joint Local Government Account” into which all LG funds from the Federation Account must be paid.
Again, 162(7) specifically says that only a State Assembly can prescribe the manner in which LG funds are distributed to them from the State Joint Local Govt Account.
The Federal Govt cannot send funds in any other manner to the Local Govts, until this provision of the 1999 Constitution is amended.
As a result,he is of the opinion that the Supreme Court ruling on these matters, therefore, not null and void and ultra vires it’s powers and so an exercise in futility?
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