In a matter of urgent national importance, Senator Tony Nwoye today emphasized the critical need to halt state governments from using their state Houses of Assembly to pass laws that violate constitutional provisions, particularly those outlined in the Supreme Court ruling granting financial autonomy to local governments.
The motion, co-sponsored by 12 other senators, addresses allegations that some state governments are attempting to bypass this Supreme Court ruling through new counter laws enacted by their state assemblies.
The motion states, “Further concerned that the methods employed by state governments to undermine the financial autonomy of local governments through their Houses of Assembly involve inserting clauses in their laws. These clauses require local governments, upon receiving their allocations from the Federation Account, to remit all or a substantial portion of those funds to a dedicated account controlled and managed by the state governments. These accounts are often referred to with various names such as the state/LGA joint account, state/LGA consolidated revenue account, or Local Government Joint Security Trust account.”
Senator Nwoye alleged that certain State Governors are already leveraging their Houses of Assembly to enact laws that would compel local government councils to deposit funds into State/Local Government Joint Accounts, a practice that has been ruled against by the Supreme Court.
Following Nwoye’s presentation, which included six requests for the enforcement of the Supreme Court ruling and was seconded by Senator Osita Izunaso (APC, Imo West), Senator Adamu Aliero (PDP, Kebbi Central) raised a constitutional point of order, calling for an end to the debate.
He cited Section 287 of the 1999 Constitution, emphasizing that Supreme Court judgments must be enforceable throughout the country and arguing against any further discussion on the matter.
Aliero stated, “Supreme Court judgments are enforceable across the nation. There is no need for us to be debating anything related to them here.”
Senate President Godswill Akpabio supported Aliero’s position, referencing Section 162, subsection 6 of the 1999 Constitution, which established the State/Local Government Joint Account.
He proposed that constitutional amendments would be necessary to fully implement the Supreme Court ruling.
Akpabio remarked, “What we need to do is carry out the required amendments to certain provisions of the Constitution regarding local government autonomy.”
Before a final decision could be reached on the motion, Nwoye invoked Order 42 of the Senate Standing Rules for a personal explanation.
At the same time, Senator Abdulrahman Summaila Kawu (NNPP, Kano South) raised a similar point of order.
The simultaneous points of order created confusion, prompting many senators to rush to consult the Senate President.
This turmoil led the Senate to enter an emergency closed-door session at 12:46 PM.
