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Senate Backs Supreme Court on Autonomy for Local Government

The Nigerian Senate has backed the Supreme Court ruling granting full financial autonomy to local governments
Senate Session senate Local government autonomy

On Wednesday, the Nigerian Senate firmly supported the Supreme Court’s ruling, which grants full financial autonomy to local government councils across the country. The Senate warned state governments against enacting laws aimed at circumventing this verdict, emphasizing the need for immediate compliance with the ruling.

This decision followed a motion raised by Labour Party (LP) Senator Tony Nwoye from Anambra North Senatorial District at the commencement of the plenary session. Nwoye, invoking orders 41 and 51 of the Senate Standing Rules, moved the motion, highlighting concerns that some state governments were making attempts to bypass the Supreme Court’s judgement through counter-legislations in their respective Houses of Assembly.

The Senate passed a resolution calling for full compliance with the Supreme Court’s judgement. The resolution read:

“That all states and local governments should fully comply with the recent Supreme Court judgment on the disbursement and utilization of funds accruing to all local governments in Nigeria.”

Additionally, the Senate expressed its commitment to amending relevant provisions of the 1999 Constitution to ensure the complete financial autonomy of local government administrations across the country.

Senator Nwoye raised concerns about certain governors using their state legislatures to pass laws that would require local government councils to remit funds into the State/Local Government Joint Account. This action, according to Nwoye, directly opposes the Supreme Court’s ruling, which seeks to grant local governments full financial control.

Senator Osita Izunaso of APC Imo West seconded the motion, but the debate was briefly halted when Senator Adamu Aliero (PDP Kebbi Central) raised a constitutional point of order. Aliero cited Section 287 of the 1999 Constitution, which makes Supreme Court judgments enforceable across the country, and argued that further debate on the matter was unnecessary.

The Senate President, Senator Godswill Akpabio, echoed Aliero’s position and referred to Section 162(6) of the Constitution, which creates the State/Local Government Joint Account. He called for amendments to this section to fully implement the Supreme Court’s judgment and ensure local government autonomy.

The motion caused some tension in the Senate, leading to a rowdy session. An emergency closed-door session was convened at 12:46 PM, lasting about an hour and a half. Upon resuming plenary, the Deputy Senate President, Jibrin Barau, presented two prayers that were adopted during the closed session.

Following a unanimous voice vote, the Senate reaffirmed the mandatory compliance of all tiers of government with the Supreme Court’s ruling on local government financial autonomy. The Senate also stressed that funds should be directly disbursed to local government councils to ensure their proper utilization in improving the lives of Nigerians at the grassroots level.

Akpabio stated, “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.”

The Senate President further emphasized that this ruling, and the Senate’s backing, are critical steps towards sanitizing local government administration in Nigeria and curbing the misuse of funds at the local level. He affirmed the Senate’s commitment to ensuring local governments function effectively as the third tier of government.

Addressing journalists after the motion was passed, Senator Nwoye clarified that the debates were based on legal interpretations, not confusion, and indicated that the Senate may pursue further actions against any state that disobeys the Supreme Court’s ruling on local government funds.

This development underscores the Senate’s resolve to empower local government administrations and ensure that their financial autonomy is recognized and respected throughout the country.

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