October 13, (THEWILL) – The last has not been heard of the local government financial autonomy as ordered by the Supreme Court in April 2024 with the move by the Senate to amend relevant sections of the Constitution on State and Local Government Joint Account.
Recent developments indicate that state governors have started adopting strategies to go around the apex court ruling in order to maintain their grip on local government areas in their states. Apart from nominating their stooges as local government chairpersons for carefully planned and controlled elections that are won by landslide, some have started to amend laws in support of their plans.
Some, like Imo state, have reportedly asked elected LG chairmen to sign resignation letters before they were sworn into office as a means to control them. Another example is Anambra State where the House of Assembly reportedly amended the state and local government joint account law to give the governor power to determine what goes to the LGA financially.
In Benue where LGA poll was conducted last weekend, Senators of both the governing All Progressives Congress, APC, and the opposition Peoples Democratic Party, PDP, unanimously agreed that “what took place as election at Government House was a charade and heinous crime.” Senator Abba Moro, PDP, Benue South, Senator Emmanuel Udende, APC Benue Northeast and Senator Titus Zam, APC, Benue North-West all jointly condemned the election in a motion on Friday.
Supporting the motion, Deputy Senate President, Barau Jibin, said “Across party lines, it is known to everyone. Even a child knows this. This fact is known to everyone that the so- called elections are held at local government councils. People do not go out to vote any longer. Results are announced. Nobody goes to the polling area because results are already written, sometimes a week before election. So, it is incumbent on us to correct what is going on in the name of local government elections.”
Another version of the matter is presented by the current case involving Alimosho LGA Chairman, Jelili Sulaimon, who has sued the Speaker, Mudashiru Obasa and Assembly at the Federal High Court over his suspension by the Assembly allegedly for misconduct and disobeying the House.
According to Sulaimon, the House acted in violation of the apex court ruling by exercising oversight functions over his LGA, when the Council had its own legislative assembly charged with such functions.
To resolve these challenges, the Senate last Wednesday stepped in to take another look at the feasibility of implementing the Financial Autonomy granted to the 774 Local Government Councils by the Supreme Court earlier this year.
Instructively, Senators from Anambra and Imo, championed the move.
On that day, Senator Tony Nwoye of the Labour Party, representing Anambra North, raised a Point of Order after the sixth item on the agenda concerning petitions was addressed.
Senator Nwoye, invoking orders 41 and 51 of the Senate Standing Rules, moved a motion concerning alleged attempts by some state governments to bypass the Supreme Court ruling on Local Government (LG) autonomy through counter-laws enacted by their respective State Houses of Assembly.
As he spoke, confusion erupted in the chamber, particularly when Nwoye revealed that nine other senators had co-sponsored the motion.
He specifically accused certain state governors of enacting laws mandating local government councils in their states to deposit funds into State/Local Government Joint Accounts, a practice ruled unconstitutional by the Supreme Court.
Upon concluding his presentation, which included six prayers for the enforcement of the judgment, Senator Osita Izunaso from Imo West seconded the motion.
However, Adamu Aliero, a Senator from Kebbi Central representing the People’s Democratic Party (PDP), quickly raised a constitutional point in order to halt the debate on the motion.
Senator Aliero cited Section 287 of the 1999 Constitution, which states that Supreme Court judgments are enforceable across the nation.
He urged his colleagues not to prolong the discussion, asserting that there was no need to debate an issue that the Supreme Court had already settled.
In support of Aliero’s assertion, Senate President Godswill Akpabio raised another constitutional concern, directing attention to Section 162, Sub-section 6 of the 1999 Constitution.
This section, he noted, established the State/Local Government Joint Account, which would require amendment to fully implement the Supreme Court judgment.
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.”
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.
THEWILL recalls that the Supreme Court had in early August 2024 barred the 36 governors of the federation from further retaining or utilising funds that are meant for the 774 Local Government Areas, LGAs, in the country.
The apex court 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 delivered by Justice 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.
Stressing 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.
Meanwhile, Governor Douye Diri of Bayelsa State has described as an aberration, the involvement of the Federal Government in the creation of local government areas in the country.
Speaking at the 64th University of Nigeria Founders’ Day lecture held at the Nsukka Campus, titled, ‘Rethinking our Future: The Need for True Federalism and Economic Renaissance,’ Diri said that states should constitutionally have the right to create and legislate on local governments in a truly federal structure.
Diri said, “We are all aware of the ongoing conversation around the issue of autonomy of local governments. My concern over this sensitive subject is beyond the question of autonomy and more about the rationale for their creation.
“Since the Constitution exclusively recognises states and the Federal Government as federating units, the Federal Government’s creation of local governments constitutes an aberration, undermining the principles of federalism and state autonomy.
“The Constitution’s clear delineation of federal and state powers renders the Federal Government’s creation of local governments incongruous, as local governance falls within the purview of state authority.
“My take to addressing this issue is enforcing states’ autonomy to create local government areas tailored to their unique needs and financial capacity to do so.”
