A stalemate and confusion have emerged in the Senate regarding the feasibility of implementing the financial autonomy granted to the 774 Local Government Councils across Nigeria by the Supreme Court in August this year.
The situation escalated on Wednesday after the Senate addressed the sixth item on Petitions when Senator Tony Nwoye of the Labour Party from Anambra North raised a Point of Order, which was sustained by Senate President Godswill Akpabio.
Nwoye, referring to orders 41 and 51 of the Senate Standing Rules, moved a motion concerning alleged attempts by some state governments to circumvent the Supreme Court’s ruling on local government autonomy through counter laws enacted by their respective State Houses of Assembly.
As he addressed his colleagues in the chamber, Nwoye claimed that some state governors were using their Houses of Assembly to pass laws requiring local councils to remit funds into State/Local Government Joint Accounts, a practice ruled against by the Supreme Court. He concluded his presentation with six prayers for the enforcement of the judgment, which was seconded by Senator Osita Izunaso of the APC from Imo West.
However, Senator Adamu Aliero of the PDP from Kebbi Central raised a constitutional point of order, calling for the debate on the motion to cease. Citing Section 287 of the 1999 Constitution, which mandates the enforceability of Supreme Court judgments nationwide, Aliero argued, “There is no need for us to be debating anything that has to do with it here.”
Supporting Aliero, Akpabio highlighted another constitutional issue, referring to Section 162(6) of the 1999 Constitution, which established the State/Local Government Joint Account. He suggested that amendments to certain constitutional provisions were necessary for the full implementation of the Supreme Court judgment.
Before a final decision could be made on the motion, Nwoye quickly invoked Order 42 of the Senate Standing Rules for a personal explanation. At the same time, Senator Abdulrahman Summaila Kawu of the NNPP from Kano South raised a similar point of order. The simultaneous raising of points of order led to confusion, prompting several senators to rush to consult with the Senate President. This ultimately resulted in the Senate going into an emergency closed-door session at 12:46 PM.
It is worth noting that the Supreme Court had, in early August, prohibited the 36 governors from retaining or utilizing funds designated for the 774 Local Government Areas in the country.