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Senate Calls For Abidance With Supreme Court On LG Autonomy

Upperhouse Pushes, Orders State Governments to Comply with Grassroots Fund Independence

by Blessing Ekundayo Ogundola
October 9, 2024
in News, Politics
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Senate Calls For Abidance With Supreme Court On LG Autonomy

Justices of the Supreme Court of Nigeria. Photo Credit : Supreme Court of Nigeria

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Senate calls for abidance with the Supreme Court on LG autonomy. The Nigerian Senate has ordered state and local governments to comply with the Supreme Court judgement on local government accounts and the funds given directly to them with immediate effect.

This directive comes in the wake of increasing concerns about the autonomy and financial independence of local government administrations across the country.

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The resolutions were announced by the Deputy Senate President, Senator Jibrin Barau, following a closed-door session where lawmakers debated on attempts by some state governments to circumvent the ruling of the Supreme Court on July 11.

The closed-door session was convened to address the urgent need to uphold the rule of law and ensure that the Supreme Court’s judgement is implemented in full.

Lawmakers expressed their concerns about the ongoing attempts by some state governments to undermine the financial independence of local governments, thereby hindering their ability to deliver essential services to the people.

Senator Tony Nwoye had earlier raised the urgent need to halt the implementation of actions by state governments using their state Houses of Assembly to enact laws that breach constitutional provisions and the Supreme Court judgement on granting financial autonomy to local governments in line with the provisions of the constitution.

Senator Tony Nwoye’s motion highlighted the tactics employed by some state governments to undermine the financial independence of local governments, which include the creation of joint accounts and other mechanisms to control local government funds.

The motion was co-sponsored by 12 other senators who expressed their concern over the alleged moves by some state governments to circumvent the implementation of the judgement through counter laws from their respective state Houses of Assembly.

The senators emphasized the importance of financial autonomy for local governments as a means to promote transparency, accountability, and effective governance at the grassroots level.

The motion states, “Further concerned that the modus operandi of subverting this financial autonomy of local governments by state governments through their houses of assembly is to insert clauses in their laws requiring the local governments, upon receipt of their allocation from the Federation Account, to remit all or a majority or substantial portion of their allocation to a dedicated account which the state governments will keep, control, manage, or disburse for them using some nomenclatures like state/LGA joint account, state/LGA Consolidated Revenue Account, Local Government Joint Security Trust Account, etc.”

Senator Nwoye alleged that 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, which have been ruled against by the Supreme Court.

He stressed that such actions are not only unconstitutional but also undermine the principles of federalism and the autonomy of local governments.

Nwoye’s remarks were met with support from his colleagues, who called for immediate action to stop the subversion of local government autonomy.

In July, the Supreme Court declared that it is unconstitutional for state governors to hold onto funds meant for Local Government administrations.

The judgement was seen as a victory for local government autonomy and a significant step towards ensuring that local governments have the financial independence needed to carry out their functions effectively.

The judgement also sent a clear message to state governments that the era of controlling local government funds was over, and that local governments must be allowed to manage their resources independently.

The Supreme Court also barred governors from dissolving democratically elected Local Government councils in the country.

The apex court, in its judgement, stated that doing so would amount to a breach of the 1999 Constitution, which guarantees the autonomy and independence of local government administrations.

The court’s decision was hailed as a major step towards protecting the democratic rights of local government councils and ensuring their stability and continuity.

The Senate’s resolution to comply with the Supreme Court judgement and take steps to amend the Constitution to grant full autonomy to local governments has been widely welcomed by stakeholders and advocates of local government autonomy.

They believe that this move will enhance the capacity of local governments to deliver essential services to their communities and promote grassroots development.

The push for constitutional amendments is seen as a long-term solution to the challenges faced by local governments and a way to safeguard their financial autonomy in the future.

The President of the Senate, Godswill Akpabio, reiterated the Senate’s commitment to upholding the rule of law and ensuring that the Supreme Court’s judgement is implemented in full.

He stated, “We stand solidly behind the Supreme Court judgement and pronouncement on local government autonomy. We have looked at the motion and saw that some of the prayers would conflict with the existing provisions within the constitution, and we have jointly agreed on two prayers. Because we believe strongly that if there is any legacy that this administration and indeed the 10th Senate and National Assembly will leave behind, it is the legacy of sanitizing the local government system and ensuring its financial autonomy.”

The Senate’s decision to take steps to amend the Constitution is seen as a crucial step towards strengthening the democratic process and promoting good governance at the grassroots level.

It is hoped that this move will pave the way for more effective and accountable local government administrations across the country.

The Senate’s stance on this issue has been well applauded by various civil society organizations and members of the public advocating for local government autonomy and good governance.

https://punchng.com/lg-autonomy-senate-aligns-with-supreme-court-judgement/

Senate Calls For Abidance With Supreme Court On LG Autonomy

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