Senators seek urgent action against breach of LG financial autonomy by state governors
The Nigerian Senate has filed a motion to bar state governments and their assemblies from passing laws detremental to the financial autonomy of local governments in Nigeria.
The motion was filed by Senator Tony Okechukwu Nwoye, representing Anambra North Senatorial District.
The motion warns that state governments are trying to subvert the ruling of the Supreme Court on local government autonomy through new laws.
According to Senator Nwoye, the state House of Assemblies are been pressured by state governments to pass laws that directly undermines the decison of the apex court on the matter, as well as the provisions of the 199 constitution of Nigeria.
The Senator cried that the existence of local governments were presently being threatened by this.
Co-sponsoring the motions are Senator Kelvin Chukwu, Senator Ali Sharafadeen, Senator Kawu Samaila, Senator Augustine Akobundu, Senator Ned Nwoko, Senator Osita Izunaso, Senator Patrick Nwabueze, Senator Titus Zam, Senator Diket Plang, Senator Enyinnaya Abaribe and Senator Steve Sunday Karimi.
Senator Jarigbe Agom, Senator Abdulzaziz Ya’radua, Senator Emmanuel Udende, Senator (Amb.) Abdulhamid Madori-Ahmed, Senator Sani Musa, and Senator Dr. Yunus Abiodun Akintunde, and Senator Binos Yaroe are other lawmakers involved in the motion.
The lawmakers fear that the state government seek to “kill, and lead the local governments into extinction.”
While pointing to Section 7 of the Constitution, which establishes democratically elected local government councils and ensures their financial and administrative independence, they note that the actions of the state governments threaten this.
The lawmakers note that these new state laws will mandate the LGs to pay in significant sums into the purses of state government, which defeats the purpose of the Supreme Court’s ruling.
“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.
“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.
“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.
“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.
“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,” the motion reads.
To ensure that funds disbursed to local government accounts are not in subsequently remitted to accounts managed or controlled by state governments, Senator Nwoye has charged the Nigerian Financial Intelligence Unit, Economic and Financial Crimes Commission, and the Independent Corrupt Practices Commission to effectively monitir these funds.
He also called on the media, civil society organisations and the general public to serve as watchdogs.
However, Neusroom gather that the Senate did not adopt the seven resolutions proposed by Senator Nwoye and the co-sponsors.
The resolutions were, instead, amended to two.
Recall that, on July 11, 2024, the Supreme Court ruled that, all funds due to the 774 local government areas from the Federation account must be paid directly into their accounts, not through state accounts.
