Nigerian Senators Warn Governors Against Legislation to Circumvent Supreme Court Decision on LG Funds

The senate on Wednesday, told state governments to perish any idea of coming up with legislations targeting the circumvention of the Supreme Court verdict, which granted full financial autonomy to local government councils in the country.

The resolution was sequel to a motion by the Labour Party (LP) senator for Anambra North Senatorial District, Tony Nwoye, at the commencement of plenary.

H Nwoye came through orders 41 and 51 of the Senate Standing Rules to move his motion.

He alleged that there were moves by some state governments to circumvent the implementation of the recent Supreme Court judgement through counter laws from their respective state Houses of Assembly.

The upper chamber, therefore, resolved to officially back the Supreme Court judgement, which granted financial autonomy to local government administration in the country, and insisted that the states must fully comply and ensure full implementation.

The senate resolution read, “That all states and local governments should fully comply with the recent Supreme Court judgment on the disbursement and utilisation of funds accruing to all local governments in Nigeria.

“That the senate ensures alterations to relevant provisions of the Constitution to provide for the full autonomy of the local governments in Nigeria.”

Nwoye had earlier Informed the senate through his motion that nine other senators co-sponsored his motion.

He specifically alleged that some state governors were already using their Houses of Assembly to enact laws that would mandate respective local government councils in their states to remit monies into State/Local Government Joint Account, an action, he said, was ruled against by the Supreme Court.

Just as he concluded his presentation containing six prayers for enforcement of the judgement, and was seconded by Senator Osita Izunaso (APC Imo West), Senator Adamu Aliero (PDP Kebbi Central) raised a constitutional point of order for stoppage of debate on the motion.

Aliero cited Section 287 of the 1999 Constitution that made the Supreme Court judgement enforceable across the country to urge the senate not to over-flog the issue

He said, “Supreme Court judgement is enforceable across the country. There is no need for us to be debating anything that has to do with it here.”

President of the Senate, Senator Godswill Akpabio, aligned with Aliero by calling the attention of senators to section 162 (6) of the 1999 Constitution.

The section, according to Akpabio, created the State/Local Government Joint Account, which had to be amended to pave the way for the full implementation of the Supreme Court judgement.

The senate president said, “I think what we need to do is to carry out required amendments of certain provisions of the constitution as far as local governments autonomy is concerned.”

The sponsor of the motion, Nwoye, hurriedly raised Order 42 of the Senate Standing rules for personal explanation on the motion.

At the same time, Senator Abdulrahman Summaila Kawu, (NNPP Kano South) raised a similar point of order.

The simultaneous points of order brought confusion into the session.

Many senators besieged the senate president’s seat on the matter when the whole chamber had been thrown into a rowdy session.

Akpabio eventually called for an emergency closed-door session at 12:46pm and the session lasted about one and half hours.

At the resumption of plenary, Deputy Senate President, Jibrin Barau, read the two prayers, which were adopted during the closed session by the lawmakers.

Speaking after the unanimous approval of the voice vote by the senators, Akpabio said it was now mandatory for all states, all tiers of government in the federation, to immediately comply with the recently pronounced judgements of the Supreme Court of Nigeria, particularly relating to local government accounts.

He said local government funds should go directly to the local government administrations for utilisation to improve the lot of Nigerians.

Akpabio said, “The Supreme Court has said the money should go directly to the accounts of the local governments in the country, so we have deliberated on it. The Supreme Court of Nigeria is the final court of the law.

“In other words, the Nigerian Senate stands strongly behind the Supreme Court’s position on its efforts, through judicial pronouncement, to sanitise the administration of local governments in the country and stop further abuse of local government councils.

“So we stand strongly behind the Supreme Court of Nigeria.

“In addition to that, we have looked at the motion (as earlier presented by Nwoye), and we agreed that some of the prayers in the motion are such that could conflict with existing regulations, including the constitution.

“We believe strongly that if there is any legacy that this administration will leave behind, including the 10th Senate, it is the legacy of sanitising the local governments.

“We will ensure that local government funds are well utilized for the benefit of the rural people and at the same time local governments are allowed to function and function well. That will also in due course include their elections.

“I want to thank all of you for your contributions and assure you that the 10th Senate, working with our colleagues in the House of Representatives, will alter any aspect of our constitution and amend any section of our laws to ensure full autonomy for the local government administrations in this country.

“We will ensure that local governments will be recognized fully in action and in fact as a third tier of government of the federation.”

Addressing journalists after the motion was passed, Nwoye said there was no confusion on the floor of the senate, but his colleagues argued based on point of law.

He also said the senate as an institution or individual lawmakers might decide to take lawful actions against any state that disobeyed the Supreme Court verdict on local government funds.

Sunday Aborisade

Follow us on: