The Aminu Maifata-led Incorporated Trustees of the Association of Local Governments of Nigeria (ALGON) has denied issuing a legal threat against the Forum of Commissioners for Finance of Nigeria over July allocations from the Federation Account (FAAC) to each of the 774 local government councils.
In a letter dated August 5, addressed to Prof. Mike Ozekhome (SAN), ALGON, through its president Aminu Maifata, denied sending a request to the commissioners via Ozekhome’s representative.
Maifata insisted that Ozekhome does not represent the Association and therefore does not have the legal right to issue a letter on their behalf.
Additionally, ALGON demands that the letter be retracted from the public and that Ozekhome issue an apology to the association.
What the letter says
The letter seen by Nairametrics reads in part:
“Your letter dated July 30, 2024, on the above-referenced subject, addressed to the Forum of State Commissioners for Finance, refers.
“The attention of our esteemed Association was recently drawn to this letter, which was signed in your name. After much consideration, we are very concerned and worried by your claim of being engaged by us on this subject.
“We find your claim of engagement by us to be unfounded and untrue.
“For the avoidance of doubt, we emphatically deny such a claim and state that there has been no such engagement between our Association and you or your Chambers. Your misleading representation in the letter is highly regretted.
“Sir, you are aware of the ethical breach and the legal consequences of holding yourself out as a representative in a matter for which you have no brief.
“Nevertheless, we demand that you retract the said letter and issue a public apology to ALGON within 48 hours of receiving this letter.”
Ozekhome’s reaction
Nairametrics reached out to Ozekhome regarding the letter to his office and the one he wrote on behalf of ALGON to the commissioners.
He maintained that he was briefed by the ALGON Board of Trustees. He also noted that the issue of ALGON’s presidency is still a subject of litigation before the court.
He stated that, due to the litigation, the Board of Trustees of ALGON does not necessarily follow what Maifata says.
“That matter (over ALGON’s presidency) is in court.
“The Board of Trustees briefed me. They came to brief me, and I have a letter to that effect.”
“The right authority briefed me fully, “ he said.
Ozekhome shared a letter with Nairametrics showing that the authorization was signed by Mohammed Abubakar, Secretary General for the Board of Trustees.
The letterhead indicates it is from the “ALGON Interim Management Committee.”
It partly reads, “We, the Board of Trustees of ALGON, hereby authorize you to represent ALGON on the disobedience of the Supreme Court order mandating the payment of all funds due to the Local Governments and the independence of all Local Governments of Nigeria.”
Nairametrics also reached out to the Shaban Oyinoyi Shuiabu-led ALGON Board of Trustees, which is challenging the ALGON national leadership.
He declined to comment until he met with Mohammed, who Ozekhome said wrote the letter.
“I want to get to the root of the matter,” he said.
Backstory
Nairametrics understands that Prof. Mike Ozekhome (SAN) wrote a letter to the commissioners on behalf of ALGON, demanding the immediate payment of July FAAC allocations.
The letter, dated June 30, alleged that ALGON was prepared to take legal action against State Commissioners for failing to release the FAAC allocation.
It should be recalled that the Supreme Court, in a landmark judgment on July 11, directed the Accountant General of the Federation to pay local government allocations directly to their accounts. The apex court declared the non-remittance of funds by the 36 states unconstitutional.
Following this announcement, there have been rifts between some governors and local government councils over FAAC allocations, with states like Oyo insisting that it does not represent such fiscal autonomy.
Nairametrics previously reported that the Federal High Court sitting in Abuja had refused to restrain the Central Bank of Nigeria (CBN) from recognizing Akolade David Alabi’s leadership on the grounds that he was not qualified to be National President of the Association of Local Governments of Nigeria (ALGON).
Alabi’s leadership was succeeded by Maifata in April 2024, after an election.
Meanwhile, Ohinoyi’s leadership filed a motion asking the court to stay execution of the judgment.
