The Socio-Economic Rights and Accountability Project, SERAP, has prayed the Federal High court in Lagos to compel the Central Bank of Nigeria, CBN, to disclose the amount sent to each of the 774 local government councils, LGA, in the country since July last year.
SERAP, in the law suit filed at the court of Friday said this has become mandatory in light of the last year Supreme Court’s landmark judgment ordering the direct payment of local government funds from the Federation Account to them directly.
The Civil society group said In a statement on Sunday, signed by its Deputy Director, Kolawole Oluwadare that it has taken the matter to court.
The court, the magazine reported had in July last year voided the State-Local Government Joint Account in which the monthly allocation for LGAs are paid.
The apex court’s judgment followed a suit filed by the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi. But almost one year after it appears the judgment has not been implemented.
According to SERAP, it’s compelled to file the suit under the Freedom of Information, FOI, Act because the federal government and the CBN appear to be playing games with the issue.
The civil society body said the suit has become the last resort after the Central Bank failed to accede its request that funds paid to LGAs after the court judgment be made public.
In the suit number FHC/L/MSC/521/2025 SERAP has asked the court to “direct and compel the CBN to disclose the details of any direct payments to the 774 local government councils in Nigeria including the amounts sent to each council since the Supreme Court judgment.
The statement also noted that SERAP is also asking the court to “direct and compel the CBN to disclose whether any direct payment has been made from the Federation Account with the CBN to the local government councils in Rivers State and to explain the rationale for any such payment.”is Happened (EP 256) Reviews SERAP Demands For Answers Over Missing N100bn Dirty Notes, Others
In the suit, SERAP argued that, “The CBN should make it possible for citizens to have access to the details of any direct payments to the 774 local government councils to ensure transparency and accountability, and judge whether the CBN and other agencies are complying with the Supreme Court judgment.”
SERAP also argued that “Granting the reliefs sought would go a long way in promoting the values and principles that underlie the Nigerian Constitution 1999 [as amended] and are inherent characteristics of an open democratic society.”
According to SERAP, “State governors are starving local governments of funds and putting them in peril, despite the Supreme Court’s binding orders. State governors’ blatant disregard for the Supreme Court’s orders undermines the integrity of the court and poses a direct challenge to the rule of law.”
SERAP is also arguing that, “The CBN ought to act in the public interest to ensure that the 774 councils in the country directly get their own money from the Federation Account, as ordered by the Supreme Court.”
SERAP added, “The CBN also has the constitutional and statutory duty to ensure that no part of the Federation is governed contrary to the Nigerian Constitution or by anybody that is not constitutionally empowered to do so.
“The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Ms Oluwakemi Oni, read in part: “The CBN should be facilitating compliance with the Supreme Court’s orders. If state governors get away with ignoring the court, it will undermine the ability of the bank to credibly perform its statutory duties.
“States and the FCT have continued to undermine and endanger the existence of local governments and their ability to effectively function as the third tier of government as envisioned under the Nigerian Constitution.
“The CBN has a constitutional and statutory duty to protect the allocations in the Federation Account and the public funds disbursed from that Account directly to each of the constitutionally recognized three tiers of government.”
SERAP added that the CBN also has the constitutional and statutory duty to protect any tier of the federal governance structure from going extinct or being destroyed.
“Local government councils are legitimate owners of their allocations from the Federation Account.
“Ensuring that all restrictions against direct disbursement of allocations from the Federation Account to the 774 councils will comply with the orders by the Supreme Court and stop states and the Federal Capital Territory from tampering with the allocations ahead of the 2027 general elections.”
“States and the FCT no longer have the right to retain the allocations for local governments in the Federation Account as they have persistently failed to use the allocations for the benefit of the local government councils and Nigerians.
“The disbursement of the allocations meant for the 774 councils to states would be at the expense of poor Nigerians and continue to undermine the rights and well-being of those at the bottom of the economy and exacerbate the growing poverty in the country,” SERAP added.
The statement pointed out that CBN could play an important role in revitalising the 774 councils in the country and improving opportunities for Nigerians who reside in those councils. The CBN should not allow states to act in breach of the Supreme Court judgment and do whatever they like with the public funds meant for local government councils.
“The CBN has a responsibility to comply with the Nigerian Constitution and the country’s international human rights and anticorruption obligations in the exercise of its statutory powers and functions.”
“Local government councils are entitled to a direct payment from the Federation Account of the amount standing to its credit in the said Federation Account. States should not be collecting, receiving, spending, or tampering with the local government council funds from the Federation Account meant for the benefit of the councils.
“The Supreme Court in a groundbreaking judgment declared that the Freedom of Information Act ‘is applicable and applies to the public records in the Federation’, including those kept by the CBN.
“By the combined reading of the provisions of the Nigerian Constitution, the Freedom of Information Act 2011 and the African Charter on Human and Peoples’ Rights, applicable throughout Nigeria, there are transparency obligations imposed on the CBN to widely disclose the information sought by SERAP.”
For years critics say, state governments in the country have mismanaged LGAs funds thus tampering with the financial independence of the councils and stunting development at that level of government. starving the third tier of government. The Supreme Court judgment has tried to correct this anomaly, according to political experts.
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