The Incorporated Trustees of the Association of Local Governments of Nigeria (ALGON) have expressed their intention to take legal action against the Forum of Commissioners for Finance of Nigeria.Â
This follows the latter’s failure to comply with a Supreme Court judgement that mandates the payment of monthly allocations directly to the accounts of Nigeria’s 774 local governments.
In a letter dated July 30th, written by ALGON’s lawyer, Prof. Mike Ozekhome (SAN), to the Commissioners’ forum, the association voiced its dissatisfaction with the forum’s non-compliance.
The letter highlighted the failure to adhere to the Supreme Court’s directives, as provided for by Section 287 of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
Instead, the forum, possibly acting on the instructions of the 36 state governors, has allegedly resorted to various excuses, strategies, and delays to undermine the binding judgement of the apex court nearly three weeks after its delivery.
“Rather than comply with the clear directives of the apex court in its judgement, your committee, acting perhaps on the directive and at the behest of the 36 state governors, has resorted to all manners of excuses, artifices, designs, and subterfuge to undermine and frustrate this binding judgement of the highest court of the land, nearly three weeks after its delivery,” the letter stated.
The letter also conveyed ALGON’s concern and disturbance over this turn of events, especially given their willingness to assist the forum in working out the modalities for the disbursement.
ALGON had engaged the services of Dr. Samuel Babatunde, FCA, a certified consultant and reputable professional accountant, who promptly produced a workable template for the immediate disbursements. Despite this, the forum has allegedly ignored both ALGON and the apex court’s decision.
“Our clients are all the more concerned and indeed disturbed by this inexplicable turn of events, given their readiness and willingness to assist your committee to work out the modalities for such disbursement, having engaged the services of a certified consultant, a reputable professional accountant in the person of Dr. Samuel Babatunde, FCA, who immediately got to work and produced a workable template for such immediate disbursements. You are very much aware of this fact but have chosen to ignore our client and the apex court’s decision.”
The letter emphasized the unfortunate situation of ALGON waiting in vain for their allocated funds, labeling it as highly regrettable and completely unacceptable.
It underscored that court judgements are meant to be obeyed without any demand, especially when it comes to the judgement of the apex court.
“Our clients have so far waited in vain to receive their allocated funds. This is most unfortunate, highly regrettable, and completely unacceptable, for the simple reason that judgements of courts are meant to be obeyed even without any demand for the same. We are, in this particular instance, talking about the clear judgement of the apex court!”
Prof. Ozekhome warned that disobedience of court orders is severely punishable as contempt of court under Nigerian laws and hinted at the dire consequences of such actions.
He stressed that the actions of the forum are particularly deplorable given that they, and their principals—the 36 state governors—are sworn to defend and uphold the constitution.
“We need not remind your committee that disobedience of court orders is severely punishable as contempt of court under our laws. We shall say no more about the dire consequences of such a drastic step. Your act of disobedience becomes more deplorable when done with such intransigent impunity against the clear order of a court by those of you who are sworn to defend and uphold the constitution; indeed, you all owe your very positions to that same constitution. By this, we are specifically referring to your good selves and your principals, the 36 state governors. They ought to lead by example, and we believe they can do better than you have so far demonstrated.”
The letter concluded by reiterating that ALGON’s consultant and other duly accredited representatives are prepared to assist the forum in resolving the issue immediately by disbursing the funds as directed by the Supreme Court.
It also served as a final warning that if the forum fails, neglects, or refuses to comply, ALGON will initiate contempt proceedings against the forum and its members without further correspondence.
“Our client’s said consultant and other duly accredited representatives are standing by and ready to assist your committee in achieving an immediate resolution of this thorny matter by paying the funds as directed by the Supreme Court. Take notice therefore that if you still fail, neglect, and/or refuse to accede to our client’s modest demands as stated in paragraph 8 above, we shall be left with no option but to initiate contempt proceedings against your committee and its members. This, without any further correspondence from us. A word is enough for the wise, as to say more will be otiose.”
