ADVERTISEMENT
Apples Bite Int'l Magazine
  • News Bite
    • All
    • Arts
    • Events
    • International
    • National
    • Politics
    • Press Release
    • Security
    • Show Biz
    • Sports
    ‘Fame Came at a Cost’ – Mercy Eke Opens Up on Why She Regrets Joining BBNaija

    ‘Fame Came at a Cost’ – Mercy Eke Opens Up on Why She Regrets Joining BBNaija

    ‘I’m Alive And Healthy’ – Nollywood Actor Owolabi Ajasa Dismisses Viral Death Rumours

    ‘I’m Alive And Healthy’ – Nollywood Actor Owolabi Ajasa Dismisses Viral Death Rumours

    Shettima Travels To Sierra Leone To Represent Tinubu At ECOWAS Summit

    Shettima Travels To Sierra Leone To Represent Tinubu At ECOWAS Summit

    Christian Groups Oppose Bill Seeking to Penalise Preaching in Commercial Buses

    Christian Groups Oppose Bill Seeking to Penalise Preaching in Commercial Buses

    How Police Tracked and Arrested Alleged PFIPC ‘Fake DG’ Adeniyi Adeyemi

    How Police Tracked and Arrested Alleged PFIPC ‘Fake DG’ Adeniyi Adeyemi

    NDLEA Intercepts 1.5 Million Tramadol Pills Smuggled Into Nigeria From Togo

    NDLEA Intercepts 1.5 Million Tramadol Pills Smuggled Into Nigeria From Togo

    FG Moves to Integrate Digital ID Into Healthcare, Targets Universal Coverage by 2030

    FG Moves to Integrate Digital ID Into Healthcare, Targets Universal Coverage by 2030

    "We Have Everything But Time": Inside The Lonely World Of Banana Island's Wealthy Kids

    “We Have Everything But Time”: Inside The Lonely World Of Banana Island’s Wealthy Kids

    Onikate to Honour Lagos Businessman Rilwan Bamgbala with Okanlomo title

    Onikate to Honour Lagos Businessman Rilwan Bamgbala with Okanlomo title

    • Politics
    • International
    • National
    • Show Biz
    • Events
    • Security
    • Sports
    • Press Release
  • Lifestyle Bite
    • Fitness
    • Nutrition
    • Personal Growth
    • Travel
  • Health Bite
    • Doctor’s Diagnosis
  • Brand & Business Bite
    • Energy
  • Fashion Bite
  • Opinion Bite
    • Featured Story
    • Fiction & Poetry
    • Career
    • Teachings
    • ABM Staff Blog
    • ABM True Stories
    • Research
    • Tech
  • More
    • Latest Magazine Issue
    • Leadership 360°
    • Religion
    • Education
    • Law
    • Metro
    • Romance
      • Love
      • Sex and Relationship
      • ABM TV
      • Interviews
      • Movies
      • Red Carpets
  • Contact Us
No Result
View All Result
  • News Bite
    • All
    • Arts
    • Events
    • International
    • National
    • Politics
    • Press Release
    • Security
    • Show Biz
    • Sports
    ‘Fame Came at a Cost’ – Mercy Eke Opens Up on Why She Regrets Joining BBNaija

    ‘Fame Came at a Cost’ – Mercy Eke Opens Up on Why She Regrets Joining BBNaija

    ‘I’m Alive And Healthy’ – Nollywood Actor Owolabi Ajasa Dismisses Viral Death Rumours

    ‘I’m Alive And Healthy’ – Nollywood Actor Owolabi Ajasa Dismisses Viral Death Rumours

    Shettima Travels To Sierra Leone To Represent Tinubu At ECOWAS Summit

    Shettima Travels To Sierra Leone To Represent Tinubu At ECOWAS Summit

    Christian Groups Oppose Bill Seeking to Penalise Preaching in Commercial Buses

    Christian Groups Oppose Bill Seeking to Penalise Preaching in Commercial Buses

    How Police Tracked and Arrested Alleged PFIPC ‘Fake DG’ Adeniyi Adeyemi

    How Police Tracked and Arrested Alleged PFIPC ‘Fake DG’ Adeniyi Adeyemi

    NDLEA Intercepts 1.5 Million Tramadol Pills Smuggled Into Nigeria From Togo

    NDLEA Intercepts 1.5 Million Tramadol Pills Smuggled Into Nigeria From Togo

    FG Moves to Integrate Digital ID Into Healthcare, Targets Universal Coverage by 2030

    FG Moves to Integrate Digital ID Into Healthcare, Targets Universal Coverage by 2030

    "We Have Everything But Time": Inside The Lonely World Of Banana Island's Wealthy Kids

    “We Have Everything But Time”: Inside The Lonely World Of Banana Island’s Wealthy Kids

    Onikate to Honour Lagos Businessman Rilwan Bamgbala with Okanlomo title

    Onikate to Honour Lagos Businessman Rilwan Bamgbala with Okanlomo title

    • Politics
    • International
    • National
    • Show Biz
    • Events
    • Security
    • Sports
    • Press Release
  • Lifestyle Bite
    • Fitness
    • Nutrition
    • Personal Growth
    • Travel
  • Health Bite
    • Doctor’s Diagnosis
  • Brand & Business Bite
    • Energy
  • Fashion Bite
  • Opinion Bite
    • Featured Story
    • Fiction & Poetry
    • Career
    • Teachings
    • ABM Staff Blog
    • ABM True Stories
    • Research
    • Tech
  • More
    • Latest Magazine Issue
    • Leadership 360°
    • Religion
    • Education
    • Law
    • Metro
    • Romance
      • Love
      • Sex and Relationship
      • ABM TV
      • Interviews
      • Movies
      • Red Carpets
  • Contact Us
No Result
View All Result
Apples Bite Int'l Magazine
No Result
View All Result
Adron Homes Lemon Friday
Home Law

Is the Recent Supreme Court Judgment on Payments Being Made Directly to Local Government Councils from the Federation Account Enforceable? -Prof Ozekhome SAN

Madukwe Nwabuisi by Madukwe Nwabuisi
August 9, 2024
in Law, News Bite
Reading Time: 5 mins read
0
Is the Recent Supreme Court Judgment on Payments Being Made Directly to Local Government Councils from the Federation Account Enforceable?

Prof Mike Ozekhome

0
SHARES
28
VIEWS
Share on FacebookShare on Twitter

BY PROF MIKE OZEKHOME, SAN, CON, OFR

Many Nigerians and non-Nigerians alike have repeatedly asked me if the Supreme Court was not wrong in its interpretation of section 162(3), (4), (5) and (6) of the 1999 Constitution and what happens to the allegedly wrong judgement. They want to know if the judgment is superior to the said “clear” provisions of the Constitution and if it is ENFORCEABLE or capable of being enforced. They also want to know how,in the event that I say it is enforceable.My simple answers to both questions are yes, yes and yes. Let’s take them one after the other.

  1. THE JUDGMENT OF THE SUPREME COURT IS SUPERIOR TO THE PROVISIONS OF THE CONSTITUTION.

A law is only what the courts interpret it to be, not what it says on bare paper. That was why Oliver Wendell Holmes Jnr, a very influential civil rights Jurist, Brevet Colonel during the American Civil War and longest serving Justice of the US Supreme Court (1902-1932), who retired from the US Supreme Court at 90, once famously declared that, “the prophesies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law”.

RelatedPosts

‘Fame Came at a Cost’ – Mercy Eke Opens Up on Why She Regrets Joining BBNaija

‘Fame Came at a Cost’ – Mercy Eke Opens Up on Why She Regrets Joining BBNaija

July 19, 2026
‘I’m Alive And Healthy’ – Nollywood Actor Owolabi Ajasa Dismisses Viral Death Rumours

‘I’m Alive And Healthy’ – Nollywood Actor Owolabi Ajasa Dismisses Viral Death Rumours

July 19, 2026
Shettima Travels To Sierra Leone To Represent Tinubu At ECOWAS Summit

Shettima Travels To Sierra Leone To Represent Tinubu At ECOWAS Summit

July 19, 2026

In other words, the law (whether constitutional, substantive, statutory, or adjectival) remains what it is-inanimate and dead on paper-until the life and the oxygen of interpretation are breathed into it by a court of law.

Consequently, it is thus the interpretation which was given by the Supreme Court to the entire section 162 of the Constitution on the sharing procedure between the Federal government, states and the LGCs, and not the bare provisions of the Constitution that prevails.

IS THE JUDGMENT ENFORCEABLE?
The answer is also in the affirmative. Section 287(1) of the 1999 Constitution comes to our rescue by providing that “the decisions of the Supreme Court shall be enforced by in any part of the Federation by all authorities and persons, and by courts of subordinate jurisdiction to that of the Supreme Court”.

Even if the Supreme Court was wrong in its interpretation of section 162 dealing with the State Joint Local Government Account, the judgement remains binding on all and for all times.It is only an amendment of the Constitution under section 9 thereof that can override the decision. No person or authority can decide,whimsically and arbitrarily to disobey the judgement, or pick and choose what portions of the judgment to obey or which to discard.

In Rt Hon Michael Balonwu & Ors V Governor of Anambra State& Ors (2007) 5 NWLR ( Pt 1028) 488, the intermediate court held that “an order of court whether valid or not must be obeyed until it is set aside. An order of court must be obeyed as long as it is subsisting by all no matter how lowly or lightly placed in the society.

Refusal by state governors to remit to the LGCs was the ugly mischief the apex court judgment sought to cure; and it did so perfectly, loud and clear

This is what the rule of law is all about, hence the courts have always stressed the need for obedience to court orders”. It therefore does not matter that the judgment is downright stupid, illogical, or not well researched; or that parties affected do not like it. That is what the rule of law dictatesb and is all about. See AG Anambra v AG FRN (2008) LPELR-13(SC); Abeke v Odunsi & Anor (2013) LPELR-20640( SC); Ngere v Okuruket & Ors ( 2014) LPELR-22883 ( SC).

Right or wrong therefore, court judgements must be obeyed until set aside by a higher court, or a challenged section is amended by the Legislature. Since no court is higher than the Supreme Court of Nigeria, only an amendment to the Constitution by the NASS under section 9 can override the judgment:Obineche & ORS v. Akusobi & ORS (2010) LPELR-2178 (SC); Anchorage Leisures LTD & Ors V. Ecobank (NIG) LTD (2023) LPELR-59978 (SC).

The apex court had declared emphatically that, “by virtue of section 162(3) and (5) of the Constitution of Nigeria, 1999, the amount standing to the credit of LGCs in the Federation Account shall be distributed to them and be paid directly to them”; that “a state, either by itself or Governor or other agencies, has no power to keep, control, manage, or disburse in any manner, allocations from the Federation Account to LGCs

That was why the same Supreme Court, acutely aware that it is susceptible to mistakes and errors being constituted by mere mortals and not almighty God or angels, once famously declared through late venerable Socrates of the Nigerian Bench, Honourable Justice Chukwudifu Oputa, in the causa celebre of Adegoke Motors Ltd v Adesanya (1989) NWLR ( Pt 109) 250, that “the Supreme Court is final not because it is infallible, it is infallible because it is final”.

  1. ON HOW THE SUPREME COURT JUDGMENT IS IMPLEMENTABLE
    The answer is equally simple. The FG, states and LGCs should now meet ( and I am toll they have been meeting) at FAAC and decide on modalities and procedures of opening up accounts for LGCs so that their allocation under section 162 is paid directly to them and not to the joint state LG account that is oftentimes waylaid by state Governors and fleeced without the helpless and hamstrung LGCs being able to raise a finger. This is not rocket science. That refusal by state governors to remit to the LGCs was the ugly mischief the apex court judgment sought to cure; and it did so perfectly, loud and clear, in my own humble opinion. Inter alia, the apex court had declared emphatically that, “by virtue of section 162(3) and (5) of the Constitution of Nigeria, 1999, the amount standing to the credit of LGCs in the Federation Account shall be distributed to them and be paid directly to them”; that “a state, either by itself or Governor or other agencies, has no power to keep, control, manage, or disburse in any manner, allocations from the Federation Account to LGCs”. The apex court also granted injunctive orders restraining “Governors and their agents, officials or privies from tampering with funds meant for the LGCs in the Federation Account” ; and further ordered “immediate compliance by the states, through their appointed officials and public officers with the terms of the judgment and orders”. The apex court further ordered the “Federation or Federal Government of Nigeria through its relevant officials, to forthwith commence the direct payment to each LGC of the amount standing to the credit of each of them in the Federation Account”. The content, terms and directives contained in this judgement, are in my humble opinion, very straight forward, unambiguous and are as clear and clean as a whistle. All parties concerned, – FG, states and LGCs- must therefore obey and enforce this judgement IMMEDIATELY. There is no option.I had earlier made public this same opinion of mine. I had written and stated on several TV stations that in my humble understanding of the principles of interpretation, the Supreme Court was right in the interpretation it gave to section 162 of the Constitution, so as to prevent continuation of years of wanton abuse of the provisions of section 162 by state governors.(See “LG Autonomy: Supreme Court’s verdict timely, regenerative-Ozekhome”, www.vanguard.com., 11, July, 2024 ). I still stand very firmly by this my earlier opinion.God bless Nigeria as we collectively seek true fiscal federalism and not the present unitary system of government that we are currently operating under the thin guise of federalism.

Madukwe B. Nwabuisi
Madukwe Nwabuisi

Madukwe B. Nwabuisi is an accomplished journalist renown for his fearless reporting style and extensive expertise in the field. He is an investigative journalist, who has established himself as a kamikaze reporter.

Tags: Local Government CouncilsOZEKHOMESupreme Court

Related Posts

Christian Groups Oppose Bill Seeking to Penalise Preaching in Commercial Buses
News Bite

Christian Groups Oppose Bill Seeking to Penalise Preaching in Commercial Buses

July 19, 2026
How Police Tracked and Arrested Alleged PFIPC ‘Fake DG’ Adeniyi Adeyemi
News Bite

How Police Tracked and Arrested Alleged PFIPC ‘Fake DG’ Adeniyi Adeyemi

July 19, 2026
NDLEA Intercepts 1.5 Million Tramadol Pills Smuggled Into Nigeria From Togo
News Bite

NDLEA Intercepts 1.5 Million Tramadol Pills Smuggled Into Nigeria From Togo

July 19, 2026
FG Moves to Integrate Digital ID Into Healthcare, Targets Universal Coverage by 2030
News Bite

FG Moves to Integrate Digital ID Into Healthcare, Targets Universal Coverage by 2030

July 19, 2026
Badejo-Okusanya Makes History as NBA Elects First Female President
Law

Badejo-Okusanya Makes History as NBA Elects First Female President

July 19, 2026
"We Have Everything But Time": Inside The Lonely World Of Banana Island's Wealthy Kids
News Bite

“We Have Everything But Time”: Inside The Lonely World Of Banana Island’s Wealthy Kids

July 18, 2026
Load More
No Result
View All Result

Recent Posts

  • ‘Fame Came at a Cost’ – Mercy Eke Opens Up on Why She Regrets Joining BBNaija
  • ‘I’m Alive And Healthy’ – Nollywood Actor Owolabi Ajasa Dismisses Viral Death Rumours
  • Shettima Travels To Sierra Leone To Represent Tinubu At ECOWAS Summit
  • Christian Groups Oppose Bill Seeking to Penalise Preaching in Commercial Buses
  • How Police Tracked and Arrested Alleged PFIPC ‘Fake DG’ Adeniyi Adeyemi

Recent Comments

    Apples Bite Int'l Magazine

    Apples Bite Magazine is your premier destination for updates in business, daily news, and entertainment. At Apples Bite, we serve insightful stories and in-depth analysis, curated to empower professionals, entrepreneurs, and forward-thinking individuals who thrive on staying ahead of the curve.

    © 2026. All Rights Reserved. ApplesBite International Magazine.

    No Result
    View All Result
    • News Bite
      • Politics
      • International
      • National
      • Show Biz
      • Events
      • Security
      • Sports
      • Press Release
    • Lifestyle Bite
      • Fitness
      • Nutrition
      • Personal Growth
      • Travel
    • Health Bite
      • Doctor’s Diagnosis
    • Brand & Business Bite
      • Energy
    • Fashion Bite
    • Opinion Bite
      • Featured Story
      • Fiction & Poetry
      • Career
      • Teachings
      • ABM Staff Blog
      • ABM True Stories
      • Research
      • Tech
    • More
      • Latest Magazine Issue
      • Leadership 360°
      • Religion
      • Education
      • Law
      • Metro
      • Romance
        • Love
        • Sex and Relationship
        • ABM TV
        • Interviews
        • Movies
        • Red Carpets
    • Contact Us

    © 2026. All Rights Reserved. ApplesBite International Magazine.