AGF vows to jail LG officials tampering with FAAC funds

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has pledged to pursue the conviction and imprisonment of any local government chairmen or councillors involved in misappropriating Federation Accounts Allocation Committee (FAAC) funds.

Speaking at the 17th-anniversary annual lecture of the Human Rights Writers Association of Nigeria (HURIWA) in Abuja on Thursday, Fagbemi outlined his commitment to addressing long-standing issues of corruption and mismanagement within local governments.

Fagbemi’s statements follow a significant legal victory in which he secured a Supreme Court ruling affirming local government autonomy and direct access to FAAC allocations.

The ruling, he noted, is intended to enhance local governance, security, and public access to human rights.

He criticized previous efforts to reform local government funding, emphasizing the failure of constitutional amendments and state-level reforms to achieve meaningful change.

Fagbemi explained that the decision to approach the Supreme Court was driven by persistent roadblocks at the National Assembly and the need for immediate action.

“Previous attempts to reform local government autonomy through constitutional amendments have been thwarted,” Fagbemi said.

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“Our approach to the Supreme Court was necessary due to the persistent failure of states to allow local governments to function effectively as mandated by the 1999 Constitution.”

Fagbemi highlighted the Supreme Court’s decision, which mandates that local government funds be sent directly to councils, bypassing state governments.

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He warned that while state governors enjoy immunity from prosecution, local government officials do not, making them susceptible to legal action if they mismanage or divert funds.

He stressed that local government chairmen must choose between adhering to proper fund management or facing potential imprisonment. “Local government officials have no immunity. They must decide whether to manage funds transparently or risk legal consequences,” he stated.

Fagbemi also underscored the broader benefits of effective local governance, including improved security and reduced poverty, by addressing the root causes of insecurity and social injustice.

The recent Supreme Court ruling was part of a constitutional suit filed under case number SC/CV/343/2024, challenging the failure of state governors to implement democratically elected local government systems and their exploitation of funds meant for local councils.

In the current FAAC allocation system, the Federal Government receives 52.68%, states get 26.72%, and local governments are allocated 20.6%.

Following the Supreme Court’s decision, interpretations of the ruling by Nigerian governors have varied.