The Senate, on Wednesday, urged all states, and all tiers of government in the federation to immediately comply with the recent judgment of the Supreme Court of Nigeria, particularly relating to local government accounts.
The Senate also resolved to take steps, to ensure alterations to relevant provisions of the Constitution to provide for full autonomy of the local governments in Nigeria.
The apex legislative Assembly also expressed its full alignment with the Supreme Court Judgement of August 11, 2024, which granted financial autonomy to 774 Local Government Councils across the country.
It also resolved to, in collaboration with the House of Representatives, amend some provisions of the 1999 constitution to grant full autonomy to the councils, which are currently subjugated by the state governors.
The Senate passed these resolutions following a motion sponsored by Senator Tony Nwoye (LP Anambra North), who at the commencement of plenary, cited orders 41 and 51 of the Senate Standing Rules, to move a motion on the alleged move by some state governments to circumvent implementation of the judgement through counter laws from their respective state House of Assembly.
Nwoye’s motion, however, later resulted in a heated debate, which subsequently ran the Senate into confusion, even as he informed the Senate that nine other Senators were co-sponsors of the motion.
The politician 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 Accounts ruled against by the Supreme Court.
Immediately he finished with 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 to stop debate on the motion.
Adamu Aliero cited section 287 of the 1999 Constitution which makes Supreme Court Judgement enforceable across the country, to urge the Senate not to over-flog the issue.
“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.
In aligning with Senator Aliero, the President of the Senate, Senator Godswill Akpabio threw Spanner at the motion, by drawing the attention of Senators to section 162 sub-section 6 of the 1999 constitution.
The Section according to Akpabio, created the State / Local Government Joint Account, which has to be amended to pave the way for full implementation of the Supreme Court Judgement.
“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 a final decision on the motion, the sponsor, Senator Nwoye hurriedly raised order 42 of the Senate Standing rules for a personal explanation on the motion 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 with many senators rushing to the Senate President for personal consultation, which eventually, made the Senate go into an emergency closed-door session at exactly 12: 46pm.
Resolutions taken at the emergency session which lasted for almost two hours, were the two separate motions moved by the Deputy President of the Senate, Barau Jibrin, to amend the prayers earlier made by Senator Nwoye, and adopted by the Senate.
In his remarks on the motion, the President of the Senate, 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’s 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 stand 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.”
