CONSTITUTIONAL LAW — Federation Account — Allocation to States for Benefit of Local Government Councils Is Mandatory and Not Subject to Executive Discretion
Principle Statement
The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the States for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly.
Ratio Decidendi (Source)
Per Uwais, CJN, in A.G., Lagos State v. A.G., Federation (2004) NLC-702004(SC) at p. 35; Paras A–B.
"The amount standing to the credit of local government councils in the Federation Account shall also be allocated to the States for the benefit of their local government councils on such terms and in such manner as may be prescribed by the National Assembly."
Explanation / Scope
Allocation to states for local government councils is mandatory. The principle applies to constitutional law. The National Assembly prescribes the terms. The rule prevents executive discretion. The court will enforce the mandatory allocation. The principle is well-established.
