Open letter to PBAT and AGF: Time to withhold the LGA funds of Bauchi State for their Hisbah Commission’s violation of Section 7 and Fourth Schedule to the 1999 Nigerian Constitution (just as Osun State LGA funds are withheld)

By Dr. Tonye Clinton Jaja

Your Excellency, President of the Federal Republic of Nigeria and Hon. Attorney-General of the Federation (AGF), Sirs,

By way of re-introduction, my name is Dr. Tonye Clinton Jaja, I am a lawyer, and I write in my capacity as the Executive Secretary of the Association of Legislative Drafting and Advocacy Practitioners-ALDRAP.

This open letter is part of a series of public legal education programmes.

We write to respectfully request that the Federal Government of Nigeria should withhold the monthly allocation to Bauchi State with immediate effect.

The reason is because the said monthly federal government allocation to Bauchi State is currently being utilised in a manner that is in violation of Section 10 of the Constitution of the Federal Republic of Nigeria, 1999 and also in violation of the provisions of the Nigerian Constitution relating to administration of Local Government Areas (LGAs).

This is evidenced by the recent publication of the Bauchi State Hisbah Commission which is reported online at:https://dailypost.ng/?p=1260873
“The Hisbah Command of the Bauchi State Sharia Commission has rolled out new guidelines regulating social events, banning Disk Jockeys, DJs, and restricting women from attending male gatherings in the state.”

In a statement signed by the Permanent Commissioner, Hisbah, Barrister Aminu Balarabe Isah, and dated July 16, 2025, the Commission said the move followed growing complaints from the public about rising social vices and breaches of public peace during weddings, birthdays and other ceremonies.

The document, titled ‘Guidelines Governing the Conduct of Marriage Ceremonies and Other Festivals in Bauchi State’, listed a series of prohibitions including mixing of the opposite sex, dancing with the opposite sex in the presence of children, sale or consumption of intoxicants, and entry of persons with weapons into venues.”

The above published statement is in violation of the provisions of the “1999 Nigerian Constitution, the functions of Local Government Areas (LGAs) are detailed in the Fourth Schedule and primarily involve providing local services and infrastructure, such as managing roads, markets, and motor parks; collecting rates; maintaining public conveniences; and providing for cultural and social welfare. LGAs also serve to inform the state government on local economic development, preserve local culture, and assist in maintaining law and order, acting as the third tier of government for matters of local concern.”

Thanking you in advance for your anticipated prompt and positive response.

Yours faithfully,
Dr. Tonye Clinton Jaja,
28th August 205.

The views expressed by contributors are strictly personal and not of Law & Society Magazine.

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