Fubara Has No Constitutional Powers to Withhold LG Funds – SAN

A Senior Advocate of Nigeria, Wahab Shittu, has stated that Rivers State Governor Siminalayi Fubara has no legal authority to withhold the state’s local government payments. 

Last Monday, the state chapter of the Nigerian Association of Local Government Areas accused Fubara of withholding monies intended for the state’s 23 LGs. The state ALGON declared that the governor’s conduct had deprive members of their roles in the administration of the third level of government.

The LG chairmen went on to say that Fubara’s decision amounted to banning local government councils throughout the state.

Shittu investigated the accusation and found that Fubara’s actions violated national legislation.

“I can say for free that Governor Fubara of Rivers State has no constitutional powers to withhold local government funds. The local government tier of government is recognised by Section 7 of the Constitution,” he said.

“The constitution recognises the system of democratically elected local government council areas and mandates that each state provides a corresponding law. In the case of Lagos State, we have the Local Government Administration Law, which regulates the establishment, structure, finances, and other related aspects.

“So, clearly, Governor Fubara has no right under the law to withhold local government funds of Ahoada Local Government or any other local government,” he concluded.