Controversy trails LG autonomy debate as senate fails to agree on implementation modalities

BY OZOEMENA OSINACHI

Indications that more work would be needed to actualize true and final administrative and financial autonomy for the 774 local government areas in the country emerged on Wednesday as the Nigerian senate failed to arrive at an agreed template for the implementation of the well heralded supreme Court ruling of August 2024

This is even as the various state governors may have swung into action to perfect their continued hold to both the financial and administrative structure of the LGs as against the ruling of the court with the rush the conduct of local government area elections, where they have ensured the emergency and quick swearing in.of their preferred candidates as winners

The senate became more confused and could not reach an agreement over the issue on Wednesday, when it received divergent views from senator in favour and against the feasibility for the implementation of the Financial Autonomy granted to the 774 Local Government Councils across the country

The senate commenced discussions on the vital issue, after the sixth item which has to do with Petitions was handled when Senator Tony Nwoye, LP Anambra North came up with a Point of Order which was sustained by the President of the Senate, Senator Godswill Akpabio

Senator Nwoye who raised orders 41 and 51 of the Senate Standing Rules, supported his order which he moved, challenging an alleged moves by some state governments to circumvent the implementation of the judgement on LG Autonomy through counter laws from their respective State House of Assembly.

The Anambra North senator briefed the upper legislative chamber on how some State Governors are already using their Houses of Assembly to enact laws that would mandate respective local government councils in their states to remit monies into State / Local Government Joint Accounts ruled against by the Supreme Court.

Senator Nwoye’s motion which contained six prayers for enforcement of the judgement was ably seconded by Senator Osita Izunaso, (APC Imo West), before it was countered by another point of order by Senator Adamu Aliero, (PDP Kebbi Central), who raised a constitutional point of order for stoppage of debate on the motion.

Adamu Aliero, a former governor of Kebni state and Minister of the Federal Capital Territory (FCT,) cited section 287 of the 1999 Constitution that makes Supreme Court Judgement enforceable across the country, and therefore urged the Senate not to debate much on the issue.

Aliero said, “Supreme court judgement is enforceable across the country . There is no need for us to be debating anything that has to do with it here “, he said.

Senator Aliero’s position similarly received the endorsement of the senate president, Godswill Akpabio, who raised another constitutional issue as he called on the attention of Senators to section 162 sub-section 6 of the 1999 constitution.

The section according to Akpabio, created the State/Local Government Joint Account, which has to be amended in paving the way for full implementation of the Supreme Court Judgement.

Akpabio said, ” 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”, he said.

But before taking a final decision on the motion, the sponsor, Senator Nwoye hurriedly raised order 42 of the Senate Standing rules for personal explanation on the motion 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 with many senators rushing to the Senate President for a personal consultation, which eventually, made the Senate go to an emergency closed-door session at exactly 12: 46. pm.

Recall that the Supreme Court had in early August, barred the 36 governors of the federation from further retaining or utilizing funds that are meant for the 774 Local Government Areas, LGAs, in the country.

The apex court in a judgment delivered by Justice Emmanuel Ahom, ruled that it was illegal and unconstitutional for governors to continue to receive and seize funds allocated to LGAs in their states.

The Supreme Court had maintained that the “dubious practice” which has gone on for over two decades, was a clear violation of Section 162 of the 1999 Constitution, as amended.

In its lead judgement byJustice Emmanuel Agim, the apex court held that no House of Assembly of any state has the power to make laws that could, in any manner, interfere with monies meant for the LGAs.

He Stressed that the law mandated that LGAs must be governed by democratically elected officials, the Supreme Court ordered that forthwith, funds meant for the LGAs must be directly paid to them from the federation account.

The Supreme Court said, “Demands of justice require a progressive interpretation of the law. It is the position of this court that the federation can pay LGA allocations to the LGAs directly or pay them through the states.

“In this case, since paying them through states has not worked, justice of this case demands that LGA allocations from the federation account should henceforth be paid directly to the LGAs.”

It further declared unconstitutional the appointment of caretaker committees by governors to run the affairs of the LGAs. It held that the 36 states are under obligation to ensure democratic governance at the third tier of government.

The judgement was a sequel to a suit the Federal Government filed to secure financial autonomy for the LGAs.