By MUHAMMAD DANBABA
Senators Debate Implementation Challenges Following Supreme Court’s Landmark Decision on LG Autonomy**
In a significant development, e Nigerian Senate is currently facing a stalemate and confusion regarding the implementation of financial autonomy granted to the 774 Local Government Councils (LGAs) across the country. This autonomy was upheld by the Supreme Court in August 2023, but concerns have emerged about state governments’ attempts to circumvent the ruling.
- Point of Order Sparks Debate
The issue escalated on Wednesday during a Senate session, following the handling of petitions, when Senator Tony Nwoye from Anambra North raised a Point of Order. His motion, which garnered support from nine other senators, highlighted allegations that some state governors are using their State Houses of Assembly to introduce counter laws that undermine the Supreme Court’s judgment on local government autonomy.
Nwoye expressed his concerns about state governors allegedly enacting laws to compel local councils to deposit funds into State/Local Government Joint Accounts, a practice deemed unconstitutional by the Supreme Court.
- Constitutional Arguments Emerge
As Nwoye concluded his presentation, which included six requests for enforcing the Supreme Court’s judgment, Senator Adamu Aliero from Kebbi Central raised a constitutional point of order, emphasizing that Supreme Court judgments are enforceable nationwide. “There is no need for us to be debating anything that has to do with it here,” he stated.
Senate President Godswill Akpabio supported Aliero’s position, referencing Section 162, Subsection 6 of the 1999 Constitution, which establishes the Joint Account. Akpabio indicated that amendments to certain constitutional provisions would be necessary to fully implement the Supreme Court’s ruling on local government autonomy.
- Chaos in the Chamber
Before a final decision could be reached, Senator Nwoye invoked Order 42 for a personal explanation on his motion, coinciding with Senator Abdulrahman Summaila Kawu’s similar point of order. This simultaneous raising of points led to confusion in the chamber, prompting many senators to consult with the Senate President. Consequently, the Senate was compelled to enter an emergency closed-door session at 12:46 PM.
- Supreme Court’s Landmark Ruling
The Supreme Court’s ruling in August barred the 36 governors from retaining or using funds allocated for the 774 LGAs, declaring such practices illegal and unconstitutional. The court underscored that no state House of Assembly has the authority to create laws interfering with LGA funds, emphasizing the requirement for democratically elected officials to govern local councils.
Justice Emmanuel Agim, who delivered the lead judgment, stated that the federal government could directly pay allocations to LGAs from the federation account, a practice deemed necessary due to the historical failures of state governments to manage these funds appropriately.
The court also rejected the legality of caretaker committees appointed by governors to oversee LGA affairs, reinforcing the obligation of states to ensure democratic governance at this level.
The ongoing discussions in the Senate reflect the complexities surrounding the implementation of financial autonomy for local governments in Nigeria. As lawmakers grapple with constitutional interpretatio
ns and potential amendments, the future of local government autonomy remains uncertain, highlighting the need for clarity and adherence to the Supreme Court’s ruling.
-
-
-
-
