In a significant move towards strengthening local governance, Senator Dr. Tony Nwoye, representing Anambra North Senatorial District, recently sponsored a motion advocating for the full implementation of a landmark Supreme Court judgment that grants financial autonomy to local governments in Nigeria. This motion was presented during a session of the 10th Senate, emphasizing the urgent need to protect local governments from state interference.
The motion, titled “Motion on the Urgent Need to Prevent and Stop Implementation of Actions of State Governments Using Their State Houses of Assembly to Enact Laws that Breach Constitutional Provisions and the Supreme Court Judgment on Granting Financial Autonomy to Local Governments,” addresses the troubling trend of state governments enacting laws that undermine the financial independence of local councils.
Senator Nwoye highlighted that Section 7 of the 1999 Constitution (as amended) guarantees the autonomy of democratically elected local government councils. He pointed to the Supreme Court’s ruling on July 11, 2024, which mandates that all funds due to the 774 local government areas (LGAs) in Nigeria must be paid directly into their accounts, bypassing the contentious state and local government joint accounts. This ruling was intended to ensure that local governments operate independently and without undue control from state governments.
Despite this constitutional protection, Senator Nwoye expressed concern that some state governments have attempted to manipulate their State Houses of Assembly to pass laws that infringe upon local government autonomy. He stated that these actions could “suffocate, kill, and lead local governments into extinction,” thereby stifling grassroots governance and development.
During the session, the Senate adopted several key resolutions aimed at reinforcing local government autonomy. The Senate urged the Accountant General of the Federation and the Minister of Finance to withhold allocations to any local government in states that enact laws undermining their financial autonomy, except for salary payments. All state houses of assembly were urged to repeal any laws that violate local government financial autonomy as enshrined in the Constitution. Additionally, the Attorney-General of the Federation was mandated to initiate legal proceedings against any state government or house of assembly that contravenes the Supreme Court’s decision.
The Senate Committee on Local Government was directed to collaborate with various federal agencies to ensure strict enforcement of the Supreme Court judgment. The National Assembly Committee on Constitutional Review was tasked with amending relevant sections of the Constitution to clarify local government electoral conduct and strengthen financial independence. The Nigerian Financial Intelligence Unit and other agencies were called upon to monitor local government funds to ensure accountability and prevent state-controlled remittances.
Senator Nwoye also appealed to civil society organizations and the media to raise awareness about the importance of local government autonomy and the negative impacts of state interference. Following a closed-door session, the Nigerian Senate reaffirmed its support for the Supreme Court judgment on local government autonomy, resolving that all states and local governments must fully comply with its provisions and take necessary actions to amend relevant constitutional sections for enhanced autonomy.
The Senate’s actions mark a significant step towards empowering local governments and ensuring that they can operate effectively for the benefit of their communities.