The Resolution of the Senate that no allocation should be given to undemocratically elected local government councils in the country is not binding and is against the decision of the Supreme Court. Attorney General of Lagos State and Attorney General of the Federation:
The resolution of the Senate stopping the federal government from money monthly from the federation accounts to the local government councils that are not democratically elected today is a welcome development and salutary.
However, it is unconstitutional and against the decision in the celebrated cases of the Attorney General of Lagos State versus the Attorney General of the Federation(2004).
The dispute arose from a circular letter addressed to all the Governors of the States and all the Local Government Chairman in the States by the Minister of State in the Federal Ministry of Finance.
The circular was issued in compliance with the directives of the President of the Republic of Nigeria concerning the allocations of Local Government Areas from the Federation Account.
The President, in a letter addressed to the Minister, raised some constitutional issues arising from the creation of new Local Government Areas by some States and the conduct of elections in the new Local Governments.
The President observed that though the Constitution had empowered the State Houses of Assembly to create new Local Government Areas, the National Assembly had yet to make the provision, he ordered the Minister of Finance to withhold funds accruable to the Local Government Councils until the creation of the new Local Government Areas was reversed.
The plaintiff instituted this action and sought among others the determination on whether the President has the power to suspend or withhold statutory allocations due and payable to Lagos State Government and an Order of Injunction restraining the defendant from suspending or withholding any monies payable to Lagos State.
The defendant, on the other hand, filed a counter-claim praying, among others, a declaration that the plaintiff has no power to create new Local Government Areas without recourse to the National Assembly and that any such action by the defendant is illegal and unconstitutional.
The Supreme Court held that the President has no power vested in him (by executive or administrative action) to suspend or withhold for any period whatsoever the statutory allocation due and payable to the Lagos State Government under the provision of Section 162(5) of the 1999 Constitution but in respect of the 20 Local Government Areas for the time being provided by Section 3 subsection (6) of the Constitution and not the new Local Government Areas created which are not yet operative.
Secondly, the Senate of the National Assembly is just advisory, it is not binding on the executive branch of the Federal government
.
The only thing that can be done by the National Assembly that can be binding is a Bill that has been passed and sent to the President, and the President signs it into law; only then will it be binding on the executive and it becomes law.
However, when a Bill is passed and sent to the President, he vetoes it, then it is returned to the House, and they pass it with a two-thirds majority, which becomes binding.
Those are the only two things.
But an ordinary resolution is not binding; it is advice.
@ Okoi Obono-Obla
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