Foremost Commercial lawyer and Rights advocate, Dr. Olisa Agbakoba, SAN, has approached the Federal High Court in Lagos to declare that the 14 states yet to conduct Local Government Elections are not entitled to receive Public Revenue from the Federation Account.
The application which stated the basis of the SuitS outlined that the Constitution guarantees a system of Local Government by democratically elected Government Councils.
Dr. Agbakoba submitted that failure of these states to conduct Local Council Elections is the equivalent of a civil coup d’état.
The Originating Summons filed on June 3, 2013, is for the court to determine whether the Interim and Caretaker Committees of Local Government Councils in the 14 states that are not democratically elected can receive revenue from the Federation Account; and to also whether the Defendants namely, The Minister for Finance, Accountant General of the Federation and Federation Accounts Allocations Committee, can allocate Public Revenue from Federation Account to non-democratic Local Government Councils in the 14 states that have failed to conduct Local Government Elections.
This action by the Former Bar leader, seeks basic three Orders. That,
(1) A Declaration that undemocratic Local Government Councils in the 14 states cannot receive revenue from the Federation Account,
(2) the Minister for Finance, Accountant General of the Federation and Federation Accounts Allocations Committee, cannot allocate Public Revenue from Federation Account to Local Government Councils in the 14 states that have failed to conduct Local Government Elections, and
(3) Injunction restraining the Minister for Finance, Accountant General of the Federation and Federation Accounts Allocations Committee from allocating Public Revenue to Local Government in states that failed to conduct Local Government Elections.
The Originating Summons is supported by an Affidavit of 19 paragraphs deposed by Dr. Agbakoba and also a Written Address containing the Arguments.
The Suit came up on December 3, 2013 and has been adjourned to February 17, 2013, for hearing.
