On Wednesday, the Senate encountered challenges regarding the enforcement of financial autonomy granted to the 774 Local Government Councils across Nigeria by the Supreme Court in August 2024.

Senator Tony Nwoye (LP, Anambra North), at the start of plenary, invoked orders 41 and 51 of the Senate Standing Rules to move a motion addressing concerns about some state governments allegedly attempting to bypass the judgment through state House of Assembly legislation.

Nwoye, joined by nine co-sponsors, claimed that certain State Governors are already using their State Assemblies to pass laws requiring local governments to remit funds to State/Local Government Joint Accounts, contrary to the Supreme Court ruling.

However, following Nwoye’s presentation, which was seconded by Senator Osita Izunaso (APC, Imo West), Senator Adamu Aliero (PDP, Kebbi Central) raised a constitutional point of order to halt the debate. Aliero cited Section 287 of the 1999 Constitution, stating that Supreme Court judgments are enforceable nationwide, making further debate unnecessary.

“Supreme Court judgments are binding nationwide. There’s no need for us to debate this further,” Aliero asserted.

Supporting Aliero, Senate President Godswill Akpabio highlighted Section 162(6) of the 1999 Constitution, which established the State/Local Government Joint Account, suggesting that constitutional amendments are needed for full implementation of the Supreme Court’s ruling.

“I believe the solution lies in amending the relevant constitutional provisions concerning local government autonomy,” Akpabio remarked.

Before a final decision was made, Senator Nwoye invoked order 42 for a personal explanation, coinciding with Senator Abdulrahman Kawu (NNPP, Kano South), who raised a similar point of order. This dual intervention led to confusion, prompting an emergency closed-door session at 12:46 pm.

Details to follow…