The Senate is currently grappling with a stalemate over the implementation of the Financial Autonomy granted to the 774 Local Government Councils across Nigeria by the Supreme Court in August, News360 Nigeria reports.
The confusion arose during Wednesday’s session when Senator Tony Nwoye of Anambra North, representing the Labour Party, raised concerns about state governments allegedly undermining the Supreme Court’s ruling through counter-laws enacted by their State Houses of Assembly.
Citing Senate Standing Rules orders 41 and 51, Nwoye moved a motion highlighting efforts by some governors to force local governments to remit funds into State/Local Government Joint Accounts, a practice the Supreme Court had declared unconstitutional.
Nwoye, who was supported by nine other senators, expressed concern that these counter-laws could jeopardize the full implementation of local government autonomy.
As Nwoye concluded his motion, Senator Adamu Aliero of PDP Kebbi Central invoked Section 287 of the 1999 Constitution, which enforces Supreme Court judgments nationwide. Aliero called for the Senate to halt further debate on the issue, arguing that the matter should not be overflogged since the Supreme Court’s decision is binding.
The debate has sparked confusion within the Upper Chamber, as senators are divided on how best to handle the issue, with some advocating for stronger enforcement of the ruling while others urge caution in approaching the matter legislatively.
Aliero 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 “, he said.
Agreeing with Senator Aliero, Akpabio raised another constitutional issue as he called on 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.
Peoplesmind