Nigerian Senate on Tuesday unanimously passed two prayers sponsored by Senator Tony Okechukwu Nwoye, representing the Anambra North Senatorial District.
The motion addresses recent attempts by certain governors to introduce legislation that would allow the deduction of funds meant for local governments.
The Senate’s resolution mandates that all local government chairmen across the country comply with recent Supreme Court judgments concerning local government accounts.
This ensures that funds allocated to local governments are directly utilized for their intended purposes, aiming to enhance the living conditions of Nigerians.
Senate President Godwin Akpabio commended the motion, and highlighted its national significance. “We were discussing the motion by Senator Tony Nwoye on the creation of the local government account,” he stated.
“As a matter of national importance, we were discussing the motion by the same Senator Tony Nwoye on the creation of the local government account and in an attempt to circumvent the Supreme Court decision that money should go directly to the account local government in the country.”
According to Akpabio, “We have come to a reasonable position that the Supreme Court of Nigeria is the final court of the land, and they cannot make a pronouncement that will not be enforced,” he said.
“In other words, the Nigerian Senate stands solidly behind this Supreme Court decision in its efforts judicial system to sanitize the administration of local government in the country and to stop further abuse of local government funds.”
Additionally, the Senate reviewed the motion and 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 this administration will leave behind, including the 10th Senate, it is a legacy of sanitizing local government operations.”
Following a closed session, the Senate adopted the following two prayers to the motion:
“All states and local governments must 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 full autonomy for local governments in Nigeria.”
Earlier, SaharaReporters reported that Senator Nwoye had filed a motion in the Senate, emphasising the urgent need to prevent state governments from enacting laws that undermine the financial autonomy of local governments in Nigeria.
The motion, presented as a matter of urgent public importance, raised concerns that state assemblies are undermining constitutional provisions and the Supreme Court’s ruling on local government autonomy.
In his address, Senator Nwoye disclosed that numerous state governments have been manipulating their Houses of Assembly to pass legislation that directly contravenes the 1999 Constitution and the Supreme Court’s decision.
He noted that such actions stifle local governance and development, raising alarms that they could lead to the “extinction” of local governments.
The Co-sponsors, Senator Steve Sunday Karimi, Senator Ali Sharafadeen, Senator Kelvin Chukwu, Senator Kawu Samaila, Senator Augustine Akobundu, Senator Ned Nwoko, Senator Osita Izunaso, Senator Patrick Nwabueze, Senator Titus Zam, Senator Diket Plang, and Senator Enyinnaya Abaribe, are worried that these actions by state governments and their Houses of Assembly, if unchecked, will “kill, and lead the Local Governments into extinction”.
Others involved in the motion are Senator Jarigbe Agom, Senator Abdulzaziz Ya’radua, Senator Emmanuel Udende, Senator (Amb.) Abdulhamid Madori-Ahmed, Senator Sani Musa, and Senator Dr. Yunus Abiodun Akintunde and Senator Binos Yaroe.
They pointed out that the violations threaten the autonomy guaranteed by Section 7 of the Constitution, which establishes democratically elected local government councils and ensures their financial and administrative independence.
The Supreme Court of Nigeria delivered a landmark judgment on July 11, 2024, mandating that all funds due to the 774 local government areas from the Federation account must be paid directly into their accounts, rather than through state accounts.
Despite these constitutional safeguards, Senator Nwoye expressed concern at the ongoing efforts by some state governments to enact laws that undermine this autonomy.
He explained the laws often require local governments to remit significant portions of their allocations to dedicated accounts controlled by the state, effectively circumventing the Supreme Court’s ruling.
According to him, local government councils play a crucial role as the third tier of government, serving as the closest form of governance to the people. Their financial autonomy is vital for the delivery of public services and infrastructure projects at the grassroots level.
