THE GOVENORS' FORUM AND THE ASSOCIATION OF LOCAL GOVERNMENTS OF NIGERIA CANNOT E

 RIOK NIGERIA LIMITED VS. INCORPORATED TRUSTEES OF NIGERIAN GOVERNORS' FORUM & ORS (2022) LPELR-58087(SC) Per AGIM, JSC (Pp. 37-39, para D)

The Supreme Court in the above cited suit resolved the issue as to whether the Governors Forum and the Association of Local Governments of Nigeria can perform the duty of Government. The apex Court held decisively (per Agim, JSC) thus:

I cannot help wondering about the Constitutional or statutory basis for the exercise of the powers of States and Local Governments by non-governmental associations such as Governors Forum and Association of Local Governments of Nigeria. 

My impression is that the two bodies collected London and Paris Club refunds from the Federal Government on behalf of the States and Local Governments, engaged consultants, awarded contracts on behalf of the said governments and made payments from the said funds on behalf of the said governments. 

The fact that Governors Forum consist of Governors of States, does not automatically vest it or delegate to it the power of each State government in Nigeria. The governor of a state is not the State or the State Government. He is merely the head of the executive arm of the State government. The government of the State is vested by the Constitution on the State Government to be exercised in the manner prescribed by the Constitution. The Nigeria Governors Forum is not part of a State Government. There is nothing in the 1999 Constitution creating it or allowing it to function as the State government or part of it. 

Equally, ALGON is not part of a Local Government Council or Area Council. There is nothing in the 1999 Constitution or any Act or Local Government Law making it part of the Local Government. The fact that ALGON is made of Chairman of Local Governments does not vest it or donate to it the power of each Local Government in Nigeria. As the Chairman of the Local Government Area or Council, he is merely the head of the Local Government.

 The funds belonging to a state or Local Government must be kept in an account belonging to the State or Local Government as the case may be, and disbursed or expended by the State strictly in the manner and for the purposes prescribed in the Constitution and an Appropriation Law or as prescribed by the House of Assembly of the State and in the manner and for purposes prescribed in the Constitution, a Local Government Law or as prescribed by the Council of the Local Government. 

The collection and use of funds belonging to the State Governments and Local Governments by the Nigeria Governors Forum and ALGON subverts the Constitution and the rule of law. It is a democratic governance aberration.