The Nigerian Senate has fully endorsed the Supreme Court’s ruling granting financial autonomy to the 774 Local Government Councils across the country. The ruling, delivered on August 11, 2024, mandates that local governments have direct access to their allocated funds without interference from state governments.
During the plenary session held on Wednesday, the Senate urged all levels of government to comply with the Supreme Court’s decision. The Senate also pledged to work with the House of Representatives to amend the 1999 Constitution to ensure smooth implementation of the ruling.
This support came after a motion was introduced by the Deputy President of the Senate, Jibrin Barau. The motion was seconded by Senators Abdul Ningi and Tahir Monguno.
Barau said, “I move on behalf of this Senate, for the approval of two prayers in respect of the motion brought by Senator Tony Nwoye (Anambra North), thereby discarding the earlier prayers in the motion as presented by the mover.
“The two prayers are as follows: All states and local governments must fully comply with the recent Supreme Court judgement on the disbursement and utilisation of funds allocated to all local governments in Nigeria.
“That the Senate ensures amendments to the relevant provisions of the Constitution to provide for the full autonomy of local governments in Nigeria.”
However, the Senate’s proceedings were not without challenges. Earlier in the session, Senator Tony Nwoye (Anambra North) raised concerns over attempts by some state governments to undermine the Supreme Court ruling.
According to Nwoye, certain state governors were passing new laws through their State Houses of Assembly that would force local governments to continue remitting funds to the State/Local Government Joint Account, a practice that had already been deemed unconstitutional by the Supreme Court.
Nwoye’s motion, which was co-sponsored by nine other senators, included six prayers aimed at enforcing the Supreme Court’s judgement. This was seconded by Senator Osita Izunaso (Imo West). However, Senator Adamu Aliero (Kebbi Central) quickly opposed further debate on the issue, citing Section 287 of the 1999 Constitution, which states that Supreme Court rulings are enforceable across the nation. He argued that further discussion was unnecessary.
Aliero’s argument was supported by Senate President Godswill Akpabio, who pointed out that the State/Local Government Joint Account was established by Section 162, Subsection 6 of the Constitution. He suggested that this provision must be amended to fully implement the Supreme Court ruling on local government autonomy.
The debate created some confusion in the Senate chamber, leading to a two-hour emergency closed-door session to resolve the matter. After the session, the Senate finally adopted two motions moved by the Deputy Senate President, showing its strong support for the Supreme Court’s decision.
