LG autonomy: Senate backs Supreme Court judgment, vows to take necessary actions for implementation - NEWS FRONTIER DAILY

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Wednesday, October 9, 2024

LG autonomy: Senate backs Supreme Court judgment, vows to take necessary actions for implementation






The Senate has said that it was fully  behind the Supreme Court's judgment on Local Government Autonomy on its efforts through judicial pronouncement to sanitize the administration of local governments in the country and stop further abuse of local government force. 

The Senate has assured that it will work with the House of Representatives to ensure alterations to the relevant provisions of the Constitution to provide for the full autonomy of the local governments in Nigeria.

The Upper Chamber asked all the states and local governments to as a matter of urgency, fully comply with the recent Supreme Court's judgment on the disbursement of and utilisation of funds according to all local governments in Nigeria.

Resolutions of the Senate were sequel to prayers by the Deputy President of the Senate, Senator Barau  Jibrin, APC, Kano North after the closed door session that started 12.46 and ended 2.08 pm. Jibrin came up with two prayers. 

The first prayer was seconded by Senator Abdul Ningi, PDP,  Bauchi Central and the second prayer was seconded by the Senate Whip, Senator Mohammed Tahir Monguno, APC,  Borno North. 

Speaking, Jibrin said, "Based on the deliberation that was made by this August Senate, and it just concluded its session, I stand to move on behalf of this August Senate for the approval of two prayers in respect of the motion that was brought before this of our Senate by Senator Tony Nwoye, thereby discarding the earlier prayers in the motion as brought by him. The two prayers are as follows.

"That all states and local governments fully comply with the recent Supreme Court judgment on the disbursement and utilization of force according to all local governments in Nigeria.

"The two prayers are as follows; 1. All states and local governments to fully comply with the recent Supreme Court's judgment on the disbursement of and utilisation of funds according to all local governments in Nigeria.

"2. That the Senate ensures alterations to the relevant provisions of the Constitution to provide for the full autonomy of the local governments in Nigeria.

In his remarks, the President of the Senate,  Senator Godswill Akpabio said "The Supreme Court has said the money should go directly to the accounts of the government in the country. And 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 position on its efforts through judicial pronouncement to sanitize the administration of local governments in the country and stop further abuse of local government force. So we stands strongly behind the Supreme Court of Nigeria.

"In addition to that, we have looked at the motion and we agreed that some of the prayers in the motion are such that could conflict with existing regulations including the constitution. And accordingly, I will invite the Deputy Senate President to present the prayers that we jointly agree upon that should go out there so that the press will be well guided and nobody will go and say that the Senate said this or said that because we believe strongly that if there is any legacy that this administration will leave behind, including the 10th Senate, it is the legacy of sanitizing 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."

After Senator Jibrin Barau moved the first prayer, Akpabio said, "He has moved prayer one in respect of the earlier discussed motion that all states and local government should immediately comply with the recently pronounced judgment of the Supreme Court of Nigeria. Any seconder? 

" Distinguished colleagues, the motion has been proposed in respect of the earlier discussed motion by the deputy senate president, prayer one saying that all states, all tiers of government in the federation should immediately comply with the recently pronounced judgments of the Supreme Court of Nigeria, particularly relating to local government accounts. And then the funds of local government going directly to the local government for its utilization to improve the lot of Nigerians. And this prayer has been seconded by Senator Ningi.

Confusion in Senate over Implementation of Financial Autonomy 

Earlier before the forced closed door session, there was  stalement and confusion in the Senate as it ran into troubled waters on how feasible it would be for implementation of the Financial Autonomy granted the 774 Local Government Councils across the country by the Supreme Court in August this year.

Trouble started yesterday in the Senate soon after the sixth item which had to do with Petitions was handled when Senator Tony Nwoye,  LP,  Anambra North came up with a point of Order which was sustained by the President of the Senate,  Senator Godswill Akpabio 

Nwoye who came through orders 41 and 51 of the Senate Standing rules, moved a motion on alleged moves by some state governments to circumvent the implementation of the judgement through counter laws from their respective state House of Assembly .

As he was still speaking to his Colleagues at the hallowed Chamber, Nwoye ran into confusion over the matter, just as he told the Senate that nine other Senators were co - sponsored of the motion .

He specifically alleged that some State Governors are already using their House of Assembly to enact laws that would mandate respective local government councils in  their states to remit monies into State / Local Government Joint Account ruled against by the Supreme court .

Immediately he rounded off  his presentation containing six prayers for enforcement of the judgement and 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.

Adamu Aliero who  cited  section 287 of the 1999 Constitution that makes Supreme Court Judgement enforceable across  the country, urged the Senate not to over flogged the issue .

Aliero 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 ", he said .

Agreeing with Senator Aliero, Akpabio raised another constitutional issue as he called on  the attention of Senators to section 162 sub section 6 of the 1999 constitution.

Section according to Akpabio , created the State / Local Government Joint Account , which has to be ammended in paving way for full implementation of the Supreme Court Judgement.

Akpabio 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", he said .

 But before  taking final decision on the motion , the sponsor , Senator Nwoye hurriedly  raised   order 42 of the Senate Standing rules for personal explanation on the motion the same time , Senator Abdulrahman Summaila   Kawu,  NNPP Kano South raised similar  point of order .

The simultaneous points of Order brought confusion into the session with many senators rushing to the Senate President for personal consultation, which eventually, made the Senate to go i to emergency closed door session at exactly 12: 46pm .

Recall that the  Supreme Court had in early August this year, barred the 36 governors of the federation from further retaining or utilizing funds that are meant for the 774 Local Government Areas, LGAs, in the country. 

The apex court ruled that it was illegal and unconstitutional for governors to continue to receive and seize funds allocated to LGAs in their states. 

The Supreme Court had maintained that the “dubious practice” which has gone on for over two decades, was a clear violation of Section 162 of the 1999 Constitution, as amended.

In its lead judgement that was delivered by Justice Emmanuel Agim, the apex court held that no House of Assembly of any state has the power to make laws that could, in any manner, interfere with monies meant for the LGAs.

Stressing that the law mandated that LGAs must be governed by democratically elected officials, the Supreme Court ordered that forthwith, funds meant for the LGAs must be directly paid to them from the federation account.

The Supreme Court said, “Demands of justice require a progressive interpretation of the law. It is the position of this court that the federation can pay LGA allocations to the LGAs directly or pay them through the states.

“In this case, since paying them through states has not worked, justice of this case demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs."

It further declared unconstitutional the appointment of caretaker committees by governors to run the affairs of the LGAs. It held that the 36 states are under obligation to ensure democratic governance at the third tier of government.

The judgement was sequel to a suit the Federal Government filed to secure financial autonomy for the LGAs.



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