The Nigerian Senate is currently in a stalemate over the implementation of financial autonomy for the 774 Local Government Councils, as granted by the Supreme Court in August.
Senator Tony Nwoye, LP Anambra North, brought up a Point of Order, alleging that some state governments are attempting to circumvent the judgment through counter laws from their respective State Houses of Assembly.
Nwoye’s motion, co-sponsored by nine other senators, claimed that some governors are using their Houses of Assembly to enact laws mandating local government councils to remit funds into joint accounts, contrary to the Supreme Court’s ruling.
Senator Adamu Aliero, PDP Kebbi Central, countered with a constitutional point of order, citing Section 287 of the 1999 Constitution, which makes Supreme Court judgments enforceable nationwide.
Aliero argued, “Supreme Court judgments are enforceable across the country. There’s no need for us to debate this further.”
Senate President Godswill Akpabio concurred, highlighting Section 162, subsection 6, of the 1999 Constitution, which created the State/Local Government Joint Account and requires amendment for full implementation of the Supreme Court judgment.
Akpabio suggested, “We need to amend certain constitutional provisions regarding local government autonomy.” However, before a final decision could be made, Senators Nwoye and Abdulrahman Summaila Kawu raised simultaneous points of order, sparking confusion and prompting an emergency closed-door session.
The Supreme Court’s August ruling barred governors from withholding funds meant for local governments, deeming it illegal and unconstitutional.
The court mandated direct payment of funds to local governments from the federation account, ensuring democratic governance at the third tier.
As the Senate navigates this impasse, constitution review efforts are underway. The Senate Committee on Constitution Review recently concluded a retreat in Kano, focusing on amendments to the 1999 Constitution.
The National Association of Nigerian Students has commended the National Assembly for granting full financial and administrative autonomy to local governments.
