ODYSSEY OF LOCAL GOVERNMENT CREATION: AN EXAMINATION OF THE CONSTITUTIONALITY OF THE ALLOCATION OF LOCAL GOVERNMENTS' REVENUE FROM THE FEDERATION ACCOUNT.
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Date
2005
Authors
SANNI, A.O
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Department of Jurisprudence & Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria.
Abstract
This paper attempts to examine the legality or otherwise of withholding the allocation of the Local Government Councils from the FA. Five main questions are considered to be decisive to the legal resolution of the controversy. First, what is the consequential Act of the National Assembly under section 8(5) of the Constitution required for and what is the effect of not enacting it? Second, can a State lawfully distribute the Federal allocation for its Local Government among the new Local Governments? Third, is it lawful for the President in the circumstance to withhold the Local Government allocation? Fourth, whether it is correct to claim that the "old" Local Governments have become abolished upon the creation of new ones? Fifth, whether the Allocation of Revenue (Federation Account, etc)Act is constitutional in view of the express provisions of section 162(1) of the Constitution?
It is this writer's opinion that the Constitution makes a clear distinction between a "Local Government Council" and a "Local Government Area". Hence, an Act of the National Assembly making consequential provisions under section 8(5) of the Constitution is not required in respect of creation of Local Government Councils. In other words, the provision of section 8(5) of the Constitutions does not in any way limit the power of a State Government to create Local Government Councils and make them operational under its law. Admitting without conceding that "Local Government Areas" is synonymous with "Local Government Councils" and that the newly created Local Government Council are unconstitutional, it is our position that it is ultra vires the President to unilaterally determine and impose the 'penalty' for such an infraction. The President cannot withhold a right (to revenue in the FA) expressly granted by section 261 of the Constitution to another level of government in the absence of any express provisions in the Constitution to that effect.
Be that as it may, the provisions of the Allocation of Revenue (Federation Account, etc) Act No.1 06 of 1992 which vests the Federal Government with the power to exclusive distribute the revenue in the FA are inconsistent with the provisions of sections 162(1) of the Constitution and therefore null and void to the extent of their inconsistencies. The paper calls for an urgent review of the Revenue (Federation Account, etc) Act No. 106 of 1992 to divest the Federal Government of its power to exclusively manage the FA and make all the beneficiaries or their representatives the joint managers of the account.
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Keywords
THE CONSTITUTIONALITY OF THE ALLOCATION OF LOCAL GOVERNMENTS' REVENUE FROM THE FEDERATION ACCOUNT , ODYSSEY OF LOCAL GOVERNMENT CREATION
Citation
Sanni, A.O (2005) ODYSSEY OF LOCAL GOVERNMENT CREATION: AN EXAMINATION OF THE CONSTITUTIONALITY OF THE ALLOCATION OF LOCAL GOVERNMENTS' REVENUE FROM THE FEDERATION ACCOUNT 2 IFJR PART 1 83 Department of Jurisprudence & Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Nigeria.