Local Government Autonomy: Senator Dr Tony Nwoye takes the fight to The Senate

…Sponsors a Motion for full implementation of Supreme Court Judgement on Local Government Autonomy.

….Senate resolved that All States and LG to fully comply with the recently pronounced judgement of the Supreme Court in respect to LG accounts/funds.

9th October, 2024.
Abuja- Senator Representing Anambra North Senatorial District at the 10th Senate today moved a motion on the urgent need to prevent and stop state Governors from using State House of Assembly Members to enact laws that will breach constitutional provisions and Supreme Court judgement that granted financial autonomy to Local Government in line with the constitution of the Federal republic of Nigeria 1999 as amended.
The Motion titled,”MOTION ON THE URGENT NEED TO PREVENT AND STOP IMPLEMENTATION OF ACTIONS OF 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 OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED) BROUGHT UNDER MATTERS OF URGENT PUBLIC IMPORTANCE PURSUANT TO ORDERS 41 AND 51 OF THE SENATE STANDING ORDERS 2023 AS AMENDED.”

Senator Dr Tony Nwoye in his submission asserted that Senate is aware that Section 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), guarantees the system of democratically elected local government councils and explicitly provides for their autonomy, including financial and administrative independence;

Further aware that the Supreme Court of Nigeria on Thursday, July 11, 2024, in Sc/343/2024 delivered a landmark judgment wherein they ruled that all funds due to the 774 local Government Areas (LGAs) in Nigeria from the Federation account must be paid directly into the accounts of Local Governments and no longer through State and Local Government Joint Account thereby affirming the constitutional provision granting financial autonomy to local governments, thus ensuring that local government councils operate without undue interference or control from state governments;

Concerned that despite these constitutional provisions and the binding decision of the Supreme Court, some state governments, through their respective State Houses of Assembly, are seeking to enact, while some have already enacted laws and continue to take actions that undermine the financial autonomy of local governments, thereby breaching the Constitution and the judgment of the Supreme Court;

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 Federation Account to remit all or 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.

Acknowledges that local government councils are a vital 3rd tier of government, serving as the closest form of governance to the people and their financial autonomy is critical to the delivery of public services, infrastructure and development projects at the grassroots level;

Further recognizes that the Supreme Court is the highest court of the land, and its decisions are final and binding on all authorities and persons, including state governments and state legislative bodies;

Disturbed that some state governments continue to manipulate their State Houses of Assembly to enact laws that violate the financial autonomy of local governments in direct contravention of the Constitution and the Supreme Court’s decision, thereby stifling local governance and development;

Worried that these actions by state governments and their Houses of Assembly, if unchecked, will in the words of the Supreme Court judgment stated above suffocate,“kill and lead the Local Governments into extinction”;

Accordingly resolves to:

1. Urge the Accountant General of the Federation and the Honourable Minister of Finance to withhold the release of allocation to Local Governments apart from payment of salaries of staff in any state where law(s) have been passed by the House of Assembly creating any joint state Account by any guise OR undermining Local Government financial autonomy guaranteed by 1999 Constitution (as amended) and upheld by the Supreme Court in its landmark judgment delivered on 11th July 2024.
2. Urge all State Houses of Assembly to desist from passing or where they have already passed the laws to repeal any legislation that infringes upon the financial autonomy of local governments as enshrined in 1999 Constitution (as amended) and upheld by the Supreme Court.
3. Mandate the Attorney-General of the Federation to take immediate legal action against any state government or State House of Assembly found to be in violation of the Constitution and the Supreme Court’s decisions on local government autonomy.
4. Direct the Senate Committee on Local Government, anti-corruption and legislative compliance to work closely with the Office of the Attorney-General of the Federation,Accountant General of the Federation,Economic and Financial Crimes Commission,The Nigerian Financial Intelligence Unit,The Independent Corrupt Practices Commission,Presidential inter-ministerial committee to enforce the Supreme Court Judgment of 11th July 2024 granting financial autonomy to local governments in Nigeria to ensure strict enforcement of the Supreme Court Judgment on local government autonomy.
5. Request the National Assembly Committee on Constitutional review to review and, where necessary, amend relevant sections of the Constitution bordering on conduct of Local Government election and other laws to clarify and further strengthen the financial independence of local governments and prevent future infractions by state governments and their legislative arms
6. Call on the Nigerian Financial Intelligence Unit, Economic and Financial Crimes Commission,and the Independent Corrupt Practices Commission, to intensify its monitoring of local government funds to ensure that these funds disbursed directly to local government accounts are not in turn remitted back to accounts managed/controlled by State Governments and take steps to hold the Local Governments accountable for their resources.
7. Appeal to civil society organizations, media outlets, and the public to hold Local governments accountable by raising awareness of the importance of local government autonomy and the detrimental effects of continued state interference.

The Nigerian Senate after a closed door session stands solidly behind Supreme Court judgement on LG autonomy as they resolved and adopted this two important prayers:

1. All States and LG to fully comply with the recently pronounced judgement of the Supreme Court in respect to LG accounts/funds.
2. That the Senate ensures alteration to relevant sections of the constitution in line with the Supreme Court judgement to provide full autonomy to Local Governments.

© Dr Tony Nwoye Media Centre.