Our Reporter, Abuja
Former Attorney General of the Federation and Minister of Justice, Chief Mike Andoakaa, has warned the Federal Government against undermining subsisting court orders in the controversy surrounding the alleged release of Osun State local government funds to ‘sacked’ APC local government chairmen.
Speaking during an interview with Arise Television on Tuesday, Andoakaa described the situation as “confusing” and cautioned that any action taken while the matter is pending at the Supreme Court could amount to a violation of the rule of law.
The controversy erupted after the Osun State president of the National Union of Local Government Employees (NULGE), Dr. Nathaniel Ogungbamgbe, accused the Minister of Finance, the Accountant General of the Federation, and the Attorney General of the Federation of unlawfully releasing allocations into accounts allegedly operated by sacked All Progressives Congress (APC) chairmen and councillors.
Although the Federal Government has denied the allegation, reports in national dailies, including The Nation and Nigerian Tribune, suggested that temporary accounts were opened by the APC officials and that funds were disbursed.
Reacting, Andoakaa said while Supreme Court precedents have established that local government funds cannot be withheld, such funds are only meant for duly elected officials. He cited earlier rulings in Benue State where the unlawful dissolution of elected local government councils led to the award of damages by the Supreme Court.
“The law is clear that local government chairmen and councillors with a fixed tenure cannot be dissolved except in line with laid down procedures,” Andoakaa noted.
“However, once a court has ordered their removal, it is binding until set aside. The only remedy is appeal, not disobedience.”
On reports that the Federal Government may have paid the sacked Osun officials despite adverse court rulings, the former AGF said: “It is unfortunate. Both parties must show restraint since the matter is sub judice. If indeed funds were released, contrary to court pronouncements, it is improper and those who made such decisions could face consequences once evidence is properly tested in court.”
Andoaka stressed that responsibility for false claims rests with officials who supply information, not their lawyers, adding that only oral and documentary evidence in court could establish whether the Federal Government violated its position.
Turning to constitutional reforms, he urged the National Assembly to address anomalies in electoral litigation, particularly the difficulty petitioners face in obtaining critical evidence from the Independent National Electoral Commission (INEC).
“It is an absurdity to expect a petitioner to produce depositions from INEC before filing a petition when INEC itself is the adversary. The Evidence Act should be clarified to allow subpoenaed evidence to be admitted after petitions are filed,” he said.
The Supreme Court is expected to rule on the substantive Osun local government funds dispute.
