By Nathaniel Zaccheaus, Abuja
Yesterday, the Senate rejected state governments’ plans to circumvent the Supreme Court verdict, which granted full financial autonomy to local government councils in the country.
The lawmakers passed the resolution after deliberating on a motion by Tony Nwoye, the Labour Party Senator representing Anambra North Senatorial District, at plenary.
He moved his motion through orders 41 and 51 of the Senate Standing Rules.
Nwoye alleged that some state governments moved to circumvent the implementation of the judgment through counter laws from their respective state Houses of Assembly.
The Red Chamber resolved to officially back the Supreme Court judgment which granted financial autonomy to local government administration in the country and insisted that the states fully comply and ensure full implementation.
The Senate resolution read, “All states and local governments should fully comply with the recent Supreme Court judgment on the disbursement and utilization of funds accruing to all local governments in Nigeria.
“That the Senate ensures alterations to relevant provisions of the Constitution to provide for the full autonomy of the local governments in Nigeria.”
Nwoye had earlier informed the Senate through his motion that nine other senators co-sponsored his motion.
He specifically alleged that some state governors were already using their Houses of Assembly to enact laws mandating respective local government councils in their states to remit monies into the State/Local Government Joint Account, an action he said the Supreme Court ruled against.
His presentation, which contained six prayers for the enforcement of the judgement and was seconded by Senator Osita Izunaso (APC Imo West) and Senator Adamu Aliero (PDP Kebbi Central), raised constitutional points of order to stop debate on the motion.
Aliero, who cited Section 287 of the 1999 Constitution, which makes the Supreme Court’s decisions enforceable across the country, urged the Senate not to over-flog the issue.
He said, “Supreme court judgment is enforceable across the country. There is no need for us to debate anything that has to do with it here.”
The President of the Senate, Senator Godswill Akpabio, aligned with Aliero by calling senators’ attention to section 162 subsection 6 of the 1999 constitution.
According to Akpabio, the section created the State/Local Government Joint Account, which must be amended to fully implement the Supreme Court’s Judgment.
“”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,” Akpabio stated.
The sponsor of the motion, Nwoye, hurriedly raised order 42 of the Senate Standing Rules for a personal explanation of the motion.
At 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.
Many senators besieged the Senate President’s seat when the whole chamber was thrown into a rowdy session.
Akpabio eventually called for an emergency closed door session at exactly 12: 46pm and the session lasted about one and half hours.
At the resumption of plenary, the Deputy Senate President, Jibrin Barau read the two prayers which were adopted during the closed session by the lawmakers.
Speaking after the unanimous approval of the voice vote by the senators, Akpabio said it was now mandatory that all states, all tiers of government in the federation to immediately comply with the recently pronounced judgments of the Supreme Court of Nigeria, particularly relating to local government accounts.
He said the funds of local government should go directly to the local government for its utilization to improve the lot of Nigerians.
Akpabio said, “The Supreme Court has said the money should go directly to the accounts of the local governments in the country, 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 firmly 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 firmly behind the Supreme Court of Nigeria.
“In addition to that, we have looked at the motion (as earlier presented by Nwoye), and we agreed that some of the prayers in the motion are such that could conflict with existing regulations including the constitution.
“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.
“I want to thank all of you for your contributions and assure you that the 10th Senate, working with our colleagues in the House of Representatives, will alter any aspect of our constitution and amend any section of our laws to ensure complete autonomy, for the local government administrations in this country.
“We will ensure that local governments will be recognized fully in action and, fact, as a third tier of the government of the federation.”
Addressing journalists after the motion was passed, Nwoye said there was no confusion on the floor of the Senate but that his colleagues argued based on point of law.
He also said the Senate as an institution or individual lawmakers might decide to take lawful actions against any state that disobey the Supreme Court verdict on local government funds.
