Senator Tony Okechukwu Nwoye, representing Anambra North Senatorial District, has filed a motion in the Senate, emphasising the urgent need to prevent state governments from enacting laws that undermine the financial autonomy of local governments in Nigeria.
The motion, presented as a matter of urgent public importance, cites concerns that state assemblies are undermining constitutional provisions and the Supreme Court’s ruling on local government autonomy.
In his address, Senator Nwoye disclosed that numerous state governments are manipulating their Houses of Assembly to pass legislation that directly contravenes the 1999 Constitution and the Supreme Court’s decision.
He noted that such actions stifle local governance and development, raising alarms that they could lead to the “extinction” of local governments.
The Co-Sponsors, Senator Steve Sunday Karimi, Senator Ali Sharafadeen, Senator Kelvin Chukwu, Senator Kawu Samaila, Senator Augustine Akobundu, Senator Ned Nwoko, Senator Osita Izunaso, Senator Patrick Nwabueze, Senator Titus Zam, Senator Diket Plang, and Senator Enyinnaya Abaribe, are worried that these actions by state governments and their Houses of Assembly, if unchecked, will “kill, and lead the local governments into extinction.”
Others involved include 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.
They pointed out that these violations threaten the autonomy guaranteed by Section 7 of the Constitution, which establishes democratically elected local government councils and ensures their financial and administrative independence.
The Supreme Court delivered a landmark judgment on July 11, 2024, mandating that all funds due to the 774 local government areas from the Federation account must be paid directly into their accounts, rather than through state accounts.
He said the ruling affirms the constitutional provision granting financial autonomy to local governments and seeks to protect them from undue interference by state governments.
Despite these constitutional safeguards, Senator Nwoye expressed concern at the ongoing efforts by some state governments to enact laws that undermine this autonomy.
He explained that the laws often require local governments to remit significant portions of their allocations to dedicated accounts controlled by the state, effectively circumventing the Supreme Court’s ruling.
According to him, local government councils play a crucial role as the third tier of government, serving as the closest form of governance to the people. Their financial autonomy is vital for the delivery of public services and infrastructure projects at the grassroots level.
The motion reads, “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.”
It continues, “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.”
Senator Nwoye called 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 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.
He, however, appealed to civil society organisations, 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.
SaharaReporters learnt that the Senate did not adopt the seven resolutions proposed by Senator Nwoye and the co-sponsors.
The resolutions were amended to two.
Sahara Reporters
