The embattled Association of Local Government of Nigeria (ALGON), on Friday, warned financial institutions against withdrawal of council funds in their custody.
Ayodeji Abass-Aleshinloye the chairman of the association, in the letter to the banks maintained that the letter was meant to serve as a note of warning to all the financial institutions.
“This letter becomes imperative, as it has come to our knowledge that the Government of Oyo State has started withdrawing money belonging to the Local Government Councils through the illegal Caretaker arrangements. We were reliably informed that they started this illegal act when reality has starred them in the face about their impending loss of the legal battle involving them and the Local Government Councils which they illegally dissolved and overturned by Supreme Court of Nigeria. However, we want this letter to serve as a note of warning to you to avoid being partners in crime as all the shady deals embark upon by the State Government have been revealed and being closely monitored.
“For your information, all these criminals acts have been monitored by relevant agencies, most especially the NFIU. And we would not hesitate to drag any bank that connive to perpetrate this evil and fraudulent act before the court for necessary prosecution. For this, you must avoid being put under duress by the State Government to partake in another man’s sins you know nothing about, by not allowing yourselves to be used and to further foist what is clearly an illegal and fraudulent administration over our Local Government Councils and LCDAs in Oyo state.
“The Government of Oyo State and the Governor himself have been repeatedly warned before now by the Chief Law Officer of the Federation that is, (the Attorney General of the Federation) to respect the rule of law and desist from the path of illegality he was treading and being railroaded onto by some political jobbers whose stock in trade are to divide our Local Government Councils and constituencies as their political fiefdoms and their spoils of war.
“You may need to be informed and reminded once again that the management, administration and financing of Local Councils and LCDAs according to the constitution and the Supreme Court in cases variously cited and now in the public domain, can only be validly approved, authorized, authenticated any documents and executed by elected Local Government Chairmen. No authorization from any ” Caretaker Chairman” of any Local Government Council or LCDA nor their appointors is recognized under the current legal regime in our country. Any bank that honours such illegal approvals, directives or authorization from any persons not recognize by law therefore renders such liable to criminal prosecution for conspiracy and fraud.
“We recognize that the Governor continues to act illegally hiding behind a cloak of constitutional immunity, while his political or financial collaborators outside government who may be urging you all to embark on serial illegalities, will not be signatories to any official council document that may incriminate you and form the subject of investigations of this orchestrated fraud on the administration of Councils. It should be strongly noted that under our jurisprudence ignorance of the law has never been an excuse to criminal culpability. A claim of ignorance, or self imposed duress will not avail anyone of our bankers nor Local Government staff and civil servants who act in defiance of established laws to conspire with usurpers not provided for under any law in our land to rob our councils. Any financial documents or vouchers signed by or authorized by any person other than the legally elected Local Government Chairmen will be tantamount to fraud.
“It is no longer news that the Attorney General of the Federation, Mr Abubakar Malami, has called the attention of Oyo State Government and the Inspector General of Police, DSS, EFCC and NFIU to the subsisting Supreme Court judgment reinforcing Section 7 (1) of the 1999 Constitution (as amended) and pronounced as illegal and unconstitutional the dissolution of elected local council administration by State Governors or State Assemblies in Nigeria with no *court order* to back it up. You will also recall that the Inspector General of Police has passed down the order to effect the legal opinion of the Attorney General of the Federation, AGF by ensuring safety of the legally elected Local Government Chairmen while resuming back to their various offices. Letters and legal documents to this effect are attached for your perusal.
“We again reemphasize by way of warning not to partake or stop partaking in their crimes against the state as the law does not excuse criminality by reason of ignorance or even duress, under these circumstances. Now that we are fully back in our offices with the aid of security agencies, we urge and appeal to you to depart from the path of illegality being urged upon you, and be courageous to save yourselves from impending culpability if found wanting. This is an appeal, but make no mistake about it, the law will take its course against every infringement and criminality irrespective of who perpetrates it. We trust you will ponder over these truths, seek legal counsel from your personal attorneys to be properly guided, and ensure you are not sucked into the crucible Governor Makinde has heated up in our state. You have been warned.”
