LG autonomy: Senate backs Supreme Court’s judgment

THE Senate said yesterday it was fully behind the Supreme Court’s judgment on local government autonomy.

It also assured that it would work with the House of Representatives to ensure alterations to the relevant provisions of the Constitution to provide for the full autonomy of local governments in the country.

The Upper Chamber asked all the states and local governments to fully comply with the Supreme Court’s judgment on the disbursement and utilisation of funds to the third tier of government.

Resolutions of the Senate were sequel to prayers by the Deputy President of the Senate, Senator Barau Jibrin, APC, Kano North.

After the closed-door session that started at 12.46 and ended at 2.08 pm. Jibrin came up with two prayers.

The first prayer was seconded by Senator Abdul Ningi, PDP, Bauchi Central and the second, by the Senate Whip, Senator Mohammed Tahir Monguno, APC, Borno North.

Jibrin said: “Based on the deliberation made by this August Senate, and it just concluded its session, I stand to move on behalf of this Senate for the approval of two prayers in respect of the motion brought by Senator Tony Nwoye, thereby discarding the earlier prayers in the motion as brought by him. The two prayers are as follows.

“1: That all states and local governments fully comply with the recent Supreme Court judgment on the disbursement and utilization of force according to all local governments in Nigeria.

”2: That the Senate ensures alterations to the relevant provisions of the constitution to provide for the full autonomy of local governments in Nigeria.’

In his remarks, the President of the Senate, Senator Godswill Akpabio, said: “The Supreme Court has said the money should go directly to the accounts of the government in the country. And so we have deliberated on it. The Supreme Court of Nigeria is the final court of the land.

“In other words, the Nigerian Senate stands strongly behind the Supreme Court’s position on its efforts, through judicial pronouncement, to sanitize the administration of local governments in the country and stop further abuse of local government funds. So we stand strongly behind the Supreme Court of Nigeria.

“In addition to that, we have looked at the motion and we agreed that some of the prayers in the motion are such that could conflict with existing regulations, including the constitution. And accordingly, I will invite the Deputy Senate President to present the prayers that we jointly agree upon that should go out there so that the press will be well guided and nobody will go and say the Senate said this or said that. ”We believe strongly that if there is any legacy this administration will leave behind, including the 10th Senate, it is the legacy of sanitizing the local governments.

“We will ensure that local government funds are well utilized for the benefit of the rural people and at the same time, local governments are allowed to function and function well. That will also in due course include their elections.”

After Senator Jibrin Barau moved the first prayer, Akpabio said: “He has moved prayer one in respect of the earlier discussed motion that all states and local governments should immediately comply with the recently pronounced judgment of the Supreme Court of Nigeria. Any seconder?

“Distinguished colleagues, the motion has been proposed in respect of the earlier discussed motion by the deputy senate president, prayer one saying all states, all tiers of government in the federation should immediately comply with the recently pronounced judgments of the Supreme Court of Nigeria, particularly relating to local government accounts.

”Then the funds of local government go directly to the local government for its utilization to improve the lot of Nigerians. And this prayer has been seconded by Senator Ningi.

Confusion in Senate over implementation of financial autonomy

Meanwhile, confusion yesterday trailed the debate on local government autonomy in the Senate, as the chamber was later forced into a closed-door session.

Trouble started soon after Senator Tony Nwoye, LP Anambra North, came up with a point of Order which was sustained by the President of the Senate, Senator Godswill Akpabio.

Nwoye, who came through orders 41 and 51 of the Senate Standing Rules, moved a motion on alleged moves by some state governments to circumvent the implementation of the judgement of the Supreme Court through counter-laws from their respective state Houses of Assembly.

As he was still speaking in the hallowed chamber, Nwoye told the Senate that nine other senators were co-sponsors of the motion.

He specifically alleged that some governors were already using their Houses of Assembly to enact laws that would mandate respective local government councils in their states to remit monies into the state / local government joint account, which the Supreme Court ruled against.

Immediately he rounded off his presentation containing six prayers for enforcement of the judgement and seconded by Senator Osita Izunaso, APC Imo West, his colleague, Senator Adamu Aliero, PDP Kebbi Central, raised a constitutional point of order for stoppage of debate on the motion.

Aliero, who cited Section 287 of the 1999 Constitution that makes Supreme Court judgement enforceable across the country, urged the Senate not to overflog the issue.

He said: “Supreme Court judgement is enforceable across the country. There is no need for us to be debating anything that has to do with it here.”

Agreeing with Senator Aliero, Senate President, Godswill Akpabio, raised another constitutional issue, calling the attention of senators to section 162, sub-section 6 of the 1999 constitution.

The section, according to Akpabio, created the state/local government joint account which has to be amended in paving the way for full implementation of the Supreme Court judgement.

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 government’s 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 a personal explanation of the motion at the same time Senator Abdulrahman Summaila Kawu, NNPP, Kano South, raised a similar point of order.

The simultaneous points of Order brought confusion into the session, with many senators rushing to the Senate President for a personal consultation, which eventually made the Senate dissolve into an emergency closed-door session at exactly 12: 46pm.