The Senate Wednesday expressed its full alignment with Supreme Court Judgement of August 11, 2024 which granted financial autonomy to 774 Local Government Councils across the country.
The Red Chamber also urged compliance with the judgement by all the three tiers of government.
It also resolved to, in collaboration with the House of Representatives, amend some provisions of the 1999 Constitution.
The Senate resolutions followed motions separately sponsored to these effects by Deputy President of the Senate Barau Jibrin, and seconded by Senator Abdul Ningi and Senator Tahir Monguno.
Earlier in his remarks before Barau’s motions, Senate President Godwill 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 law.
“In other words, the Nigerian Senate stands strongly behind the Supreme Court 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.”
But Senate resolutions came two hours after it earlier ran into trouble waters on enforceability of the Supreme Court judgement at both the state and local government levels.
Senator Tony Nwoye (LP Anambra North), had at the commencement of plenary, risen through Orders 41 and 51 of the Senate Standing rules, to move a motion on alleged move by some state governments to circumvent implementation of the judgement through counter laws from their respective state House of Assembly.
Nwoye, before Senate ran into stormy session over the matter, informed the lawmakers that nine other senators co-sponsored the motion.
He specifically alleged that some State 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 State /Local Government Joint Account ruled against by the Supreme court.
But immediately after finishing with his presentation containing six prayers for enforcement of the judgement and seconded by Senator Osita Izunaso (APC Imo West), Senator Adamu Aliero (PDP Kebbi Central) raised a constitutional point of order for stoppage of debate on the motion.
Adamu Aliero cited section 287 of the 1999 Constitution that makes Supreme Court Judgement enforceable across the country, to urge the Senate not to over-flog the issue.
“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,” he said.
In aligning with Senator Aliero, Senate President Akpabio made some observations on the motion by drawing 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 way for full implementation of the Supreme Court Judgement.
“I think what we need to do is to carry out required amendments of certain provisions of the constitution as far as local governments’ autonomy is concerned,” he said.
But, before taking final decision on the motion, the sponsor, Senator Nwoye hurriedly raised Order 42 of the Senate Standing rules for personal explanation on the motion, just as Senator Abdulrahman Summaila Kawu (NNPP Kano South), raised a similar point of order.
The simultaneous points of Order caused a momentary confusion with many senators rushing to the Senate President for personal consultation, which eventually made the Senate go into emergency closed door session at exactly 12: 46pm and returned back to plenary at exactly 2: 40pm.