A Rebuttal to Allegations of Gubernatorial Misappropriation of Local Government Allocations
I. Deconstruction of Core Allegations Through Constitutional and Statutory Prisms
The primary accusation—that Governor Alex Otti sought legislative sanction to divert 90% of Local Government Area (LGA) funds—constitutes a fundamental misrepresentation of legislative intent and statutory process. No such bill was introduced before the Abia State House of Assembly. The conflation arises from deliberate mischaracterization of the Abia State Rural Access Road Agency (RAAMP) Bill, a World Bank-coordinated infrastructure initiative requiring pro rata counterpart funding. This aligns with established intergovernmental fiscal practices under Sections 162(6)-(8) of the 1999 Constitution, wherein state and LGAs jointly fund projects of mutual benefit, as operationalized in Ebonyi, Kwara, and Sokoto states. The burden of proof rests upon accusers to substantiate claims via corroborative legislative documentation—a burden unmet to date.
II. Systemic Safeguards Upholding Fiscal Autonomy and Transparency
Governor Otti’s administration has institutionalized unprecedented transparency architectures that preempt malfeasance. The Abia State Treasury Single Account (TSA) eradicates fragmentation of public revenue streams, while quarterly publication of audited financial statements—including FAAC receipts and disbursements—satisfies Section 48(1) of the State Public Finance Management Law. Notably, a forensic audit of prior administrations uncovered egregious violations, including ₦10 billion misappropriated under the guise of “airport development” in 2020. This audit, publicly accessible, establishes Otti’s actus reus in enforcing accountability retroactively and prospectively. The House of Representatives Committee on Public Accounts formally endorsed these mechanisms as “redefining subnational fiscal governance.”
III. Disbursement Protocols: Federal Institutions as Arbiter of Fund Flows
Allegations of executive withholding disregard the operational primacy of federal institutions in LGA fund administration. The Central Bank of Nigeria (CBN) autonomously manages disbursements pursuant to Federation Account Allocation Committee (FAAC) directives and extant court orders. Current delays—whereby certain LGAs await funds—stem from procedural complexities including CBN-mandated audit validations and account standardization requirements, not gubernatorial interference. This accords with Attorney-General of Lagos State v. Attorney-General of the Federation (2013), affirming federal oversight of statutory allocations.
IV. Counterpart Funding Mischaracterization: Distinguishing Diversion from Development Finance
Critics erroneously conflate RAAMP’s legally prescribed counterpart funding with illicit diversion. The RAAMP framework—approved by the State Executive Council and structured under the World Bank’s fiduciary standards—allocates LGA contributions exclusively to rural infrastructure contracts supervised by independent engineers. This mirrors participatory funding models upheld in Governor of Ekiti State v. Olubunmo (2017). The Deputy Speaker’s clarification that “no legislation authorizes unilateral gubernatorial control of LGA accounts” remains uncontroverted.
V. Holistic Fiscal Accountability Amidst Politicized Narratives
Unsubstantiated allegations of “₦800 billion unexplained expenditures” collapse under scrutiny. These figures aggregate lawful expenditures including:
- Debt servicing obligations inherited from prior administrations;
- Capital project execution (e.g., Port Harcourt Road reconstruction);
- Human capital investments in health and education sectors.
Governor Otti’s public invitation for successor administrations to audit his tenure—a departure from Abia’s governance history—demonstrates uberrima fides (utmost good faith). Isolated operational disputes, such as youth event fund management, underwent internal review without evidence of systemic failure.
VI. Conclusion: Constitutional Fidelity as Governance Cornerstone
Governor Otti’s administration operates within strict doctrines of cooperative federalism and fiscal federalism, as jurisprudentially defined in A.G. Abia State v. A.G. Federation (2006). The absence of prima facie evidence of malfeasance—coupled with affirmative transparency measures—renders allegations legally insupportable. Persistent conflation of bureaucratic delays (e.g., CBN account validations) with willful obstruction constitutes mala fide political rhetoric. This administration remains committed to audi alteram partem (hearing the other side), inviting evidence-based dialogue through statutory channels like the Public Accounts Committee.
Dr Chukwuemeka Ifegwu Eke
