Chaos Ensues as Senate Holds Emergency Closed-Door Meeting on Local Government Autonomy

The Nigerian Senate is currently grappling with a deadlock over the implementation of financial autonomy for the country’s 774 Local Government Councils, a right granted by the Supreme Court earlier in the year.The issue came to a head on Wednesday when Senator Tony Nwoye of the Labour Party, representing Anambra North, raised a Point of Order shortly after the sixth agenda item on petitions was discussed.continue Reading>>>

He cited orders 41 and 51 of the Senate Standing Rules, presenting a motion concerning attempts by some state governments to bypass the Supreme Court’s ruling on Local Government autonomy through laws enacted by their State Houses of Assembly.Chaos erupted in the Senate as Nwoye revealed that nine other senators had co-sponsored the motion.

He specifically accused certain state governors of enacting laws forcing local government councils to deposit their funds into State/Local Government Joint Accounts, a practice the Supreme Court had declared unconstitutional.After his presentation, which included six recommendations for enforcing the court’s judgment, Senator Osita Izunaso of Imo West seconded the motion.

However, Senator Adamu Aliero from Kebbi Central, representing the People’s Democratic Party (PDP), quickly raised a constitutional point of order to halt the debate. He cited Section 287 of the 1999 Constitution, arguing that Supreme Court judgments are enforceable nationwide and should not be subject to further debate.Supp orting this stance, Senate President Godswill Akpabio raised concerns based on Section 162, Sub-section 6 of the 1999. Continue Reading>>>

He pointed out that the State/Local Government Joint Account is constitutionally mandated and suggested that amending certain constitutional provisions would be necessary to fully implement the Supreme Court’s ruling.Akpabio noted, “What we need to do is amend certain constitutional provisions related to local government autonomy.

“Before a decision could be made, Senator Nwoye invoked order 42 for a personal explanation, while Senator Abdulrahman Summaila Kawu of NNPP Kano South raised a similar point of order. This led to confusion in the chamber, with many senators rushing to consult the Senate President.

The Senate eventually went into an emergency closed-door session at 12:46 p.m.Earlier, in August, the Supreme Court had barred the 36 state governors from withholding or utilizing funds allocated to the Local Government Areas (LGAs). The court deemed the practice illegal and unconstitutional, stating that it violated Section 162 of the 1999 Constitution.

In the lead judgment delivered by Justice Emmanuel Agim, the Supreme Court declared that no State House of Assembly had the authority to interfere with LGA funds. It mandated that LGAs must be governed by democratically elected officials and that funds should be directly paid to them from the federation account.continue Reading>>>

The court ruled that since paying LGA funds through state governments had failed, the federal government must now pay them directly. It also declared the appointment of caretaker committees by governors to manage LGAs unconstitutional, emphasizing that democratic governance is required at the local government level.

This judgment followed a lawsuit filed by the Federal Government seeking to secure financial autonomy for the LGAs.