Senate Faces Stalemate Over Local Government Financial Autonomy Implementation
Abuja, Nigeria – The Senate is currently at an impasse over how to implement the Supreme Court’s ruling on the financial autonomy granted to Nigeria’s 774 Local Government Councils (LGAs), according to reports from News360 Nigeria.
The deadlock emerged during Wednesday’s session after Senator Tony Nwoye (Anambra North, Labour Party) raised concerns about state governments allegedly circumventing the Supreme Court’s ruling through counter-laws enacted by their State Houses of Assembly. The apex court had ruled in August that the practice of remitting LGA funds into State/Local Government Joint Accounts was unconstitutional, granting financial independence to LGAs.
Nwoye, supported by nine other senators, expressed frustration over the efforts of some governors to continue enforcing this joint account system, which undermines the court’s decision. Citing Senate Standing Rules orders 41 and 51, Nwoye’s motion highlighted how such actions could jeopardize the autonomy of local governments.
In response, Senator Adamu Aliero (PDP, Kebbi Central) invoked Section 287 of the 1999 Constitution, which enforces Supreme Court judgments nationwide. He argued that further debate was unnecessary as the court’s ruling is binding and enforceable across the country. “There is no need for us to be debating anything that has to do with it here,” Aliero said, calling for the Senate to shift its focus.
Senate President Godswill Akpabio raised additional constitutional concerns, referring to Section 162(6) of the 1999 Constitution, which establishes the State/Local Government Joint Account. He pointed out that this section of the Constitution would need to be amended for full implementation of the Supreme Court’s ruling. Akpabio suggested that constitutional amendments are necessary to address local government autonomy effectively.
The debate sparked confusion within the Upper Chamber, as senators were divided on how to proceed. Some advocated for the swift enforcement of the ruling, while others urged caution in navigating the legislative complexities. Tensions escalated when Senator Nwoye raised a motion for personal explanation, simultaneously with Senator Abdulrahman Summaila Kawu (NNPP, Kano South), leading to a brief moment of disorder.
The session was eventually adjourned to an emergency closed-door meeting. The Senate’s deliberation comes after the Supreme Court’s ruling in August, which declared that governors could no longer retain or interfere with funds allocated to LGAs. The court also ruled against the appointment of caretaker committees by governors to oversee LGA affairs, mandating that LGAs be governed by democratically elected officials.
This ruling, delivered by Justice Emmanuel Agim, was a significant step towards reinforcing the financial and political autonomy of local governments, aiming to end over two decades of what the court described as a “dubious practice.” However, the Senate must now navigate the complex legislative landscape to ensure the full implementation of this landmark decision.