A Senior Advocate of Nigeria, Wahab Shittu, has asserted that under the law, Rivers State Governor, Siminalayi Fubara, does not have the authority to withhold the local government funds of the state.
Last week, the state chapter of the Association of Local Government Areas of Nigeria accused Fubara of withholding funds meant for the 23 Local Government Areas in the state.
The state ALGON stated that the governor’s action had denied members of their functions in the administration of the third tier of government.
The LG chairmen added that Fubara’s action was tantamount to proscribing local government councils in the state.
Weighing into the allegation, Shittu said Fubara’s action contravened the country’s laws.
He stated this on Tuesday’s edition of Channels Television’s Politics Today.
“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.
He added that the constitution acknowledged the framework of democratically elected local government councils, saying that it mandates that each state must enact a corresponding law.
“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.