Senate Criticizes Governors' New Attempts on Local Government Allocations
On Wednesday, the Senate expressed its support for the Supreme Court's ruling from July 11, 2024, which granted financial autonomy to all 774 Local Government Areas across the country. The Senate criticized efforts by certain governors to pass laws requiring local councils to deposit their allocations into a joint account.
This follows the Anambra State House of Assembly's approval of the Local Government Administration Bill 2024 on Tuesday, which faced backlash from civil society and opposition parties, including Labour Party members. Critics claim the bill is an attempt by Governor Chukwuma Soludo to pressure council chairmen into returning their federal allocations to the state. Reports suggest other state assemblies are considering similar legislation.
During the plenary session, the Senate urged all levels of government to adhere to the Supreme Court ruling and resolved to work with the House of Representatives to amend specific provisions of the 1999 Constitution to ensure full implementation.
The resolutions stemmed from motions presented by Deputy President of the Senate, Jibrin Barau, and supported by Abdul Ningi and Tahir Monguno. Barau stated, “I move on behalf of this Senate to approve two motions related to Tony Nwoye's (Anambra North) motion, replacing the previous ones.” He detailed the two motions: that all states and local governments must comply with the Supreme Court ruling regarding fund distribution, and that the Senate would work on constitutional amendments to secure local government autonomy.
However, these resolutions faced hurdles concerning the enforcement of the Supreme Court ruling at state and local levels. At the start of the plenary, Nwoye (LP, Anambra North) invoked Senate Standing Orders 41 and 51 to raise concerns about some state governments attempting to bypass the ruling by enacting contradictory laws. He noted that nine other senators co-sponsored the motion, alleging that certain governors were implementing laws to require local councils to deposit funds into the State/Local Government Joint Account, which the Supreme Court had previously ruled against.
Following Nwoye’s presentation, which included six proposals for enforcing the judgment and was supported by Osita Izunaso (APC, Imo West), Adamu Aliero (PDP, Kebbi Central) raised a constitutional point of order to halt the debate. Citing Section 287 of the 1999 Constitution, which mandates nationwide enforcement of Supreme Court rulings, Aliero argued there was no need for further discussion on the matter.
Senate President Godswill Akpabio supported Aliero, referring to Section 162, Subsection 6 of the 1999 Constitution that established the State/Local Government Joint Account, noting that this provision must be amended to facilitate the Supreme Court ruling’s implementation.
Before a decision could be finalized on the motion, Nwoye requested a personal explanation under Order 42 of the Senate Standing Rules. Abdulrahman Kawu Summaila (NNPP, Kano South) raised a similar point of order. The simultaneous motions created confusion, leading many senators to consult with the Senate President, resulting in an emergency closed-door session at 12:46 pm.
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