The President of the Senate, Godswill Akpabio has affirmed the Senate’s unwavering support for the Supreme Court’s ruling that grants financial autonomy to Nigeria’s 774 local governments.
His remarks came shortly after a closed session where lawmakers discussed a motion raised by Senator Tony Nwoye (LP-Anambra) regarding attempts by certain state governments to enact laws undermining this ruling.
Akpabio stated, “We stand solidly behind the Supreme Court’s judgement on local government autonomy.” He acknowledged that while some aspects of Nwoye’s motion could conflict with existing constitutional provisions, the Senate agreed on two key points aimed at enhancing local government functionality.
“We believe strongly that a key legacy of this administration, and indeed the 10th Senate and National Assembly, will be the sanitization of local government and ensuring that local government funds are fully utilized for the benefit of rural communities,” Akpabio emphasized.
The Senate subsequently approved two of the six requests outlined in Nwoye’s motion, urging all state and local governments to comply with the Supreme Court’s recent ruling on the disbursement and utilization of funds for local governments. Additionally, the Senate committed to amending relevant constitutional provisions to ensure complete autonomy for local governments.
Akpabio expressed gratitude to lawmakers for their contributions, particularly praising Senator Nwoye for highlighting the potential circumvention of the Supreme Court ruling. “I assure you that the National Assembly will amend any section of our laws necessary to guarantee full autonomy for local government administration in Nigeria,” he concluded.
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Recall that in early August, the Supreme Court issued a landmark ruling that prohibits the 36 governors of Nigeria from retaining or utilizing funds designated for the country’s 774 Local Government Areas, LGAs. The apex court declared that it is both illegal and unconstitutional for governors to seize funds allocated to these local governments.
The Supreme Court’s decision highlighted what it termed a “dubious practice” that has persisted for over two decades, violating Section 162 of the 1999 Constitution as amended. In a lead judgment delivered by Justice Emmanuel Agim, the court emphasized that no state House of Assembly has the authority to enact laws that interfere with the funds meant for LGAs.
The ruling underscored that LGAs must be governed by officials elected through a democratic process, directing that funds intended for these local governments should be disbursed directly from the federation account. The Supreme Court stated: “Demands of justice require a progressive interpretation of the law. The federation can either pay LGA allocations directly to the LGAs or through the states. Since the latter has proven ineffective, justice necessitates that allocations from the federation account be paid directly to the LGAs moving forward.”
Additionally, the court ruled the appointment of caretaker committees by governors to manage local government affairs as unconstitutional. It affirmed that the 36 states are obligated to uphold democratic governance at this third tier of government.
This ruling followed a lawsuit initiated by the Federal Government aimed at securing financial autonomy for the LGAs, marking a significant step towards reforming local governance in Nigeria.
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