The Senate experienced a bit of drama on Wednesday and went into an emergency session while debating the enforceability of the financial autonomy granted to the 774 Local Government Councils by the Supreme Court in August.
Senator Tony Nwoye (LP, Anambra North) raised a motion at the beginning of plenary, citing Orders 41 and 51 of the Senate Standing Rules.
He alleged that some state governments were attempting to circumvent the Supreme Court’s ruling by enacting counter-laws through their state Houses of Assembly.
Nwoye stated that nine other senators co-sponsored the motion, claiming that some governors were pushing for laws requiring local councils to remit funds into a State/Local Government Joint Account, which the Supreme Court had declared unconstitutional.
Following Nwoye’s presentation, which included six requests for the enforcement of the judgement and was seconded by Senator Osita Izunaso (APC, Imo West), Senator Adamu Aliero (PDP, Kebbi Central) raised a constitutional point of order, calling for a halt to the debate.
He referenced Section 287 of the 1999 Constitution, which mandates that Supreme Court judgements be enforceable nationwide, arguing against further discussion on the issue. Aliero said, “Supreme Court judgements are enforceable across the country.
There is no need for us to be debating anything that has to do with it here.”
Senate President Godswill Akpabio supported Aliero’s stance, highlighting Section 162, subsection 6 of the 1999 Constitution, which established the State/Local Government Joint Account.
He suggested that constitutional amendments would be necessary for the full implementation of the Supreme Court ruling.
Akpabio said, “I think what we need to do is to carry out the required amendments to certain provisions of the Constitution as far as local government autonomy is concerned.”
Before a final decision could be made 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 caused confusion, leading many senators to rush to consult the Senate President.
This turmoil prompted the Senate to enter an emergency closed-door session at 12:46 PM.
