The Anambra Assembly Enacts Legislation To Overturn A Supreme Court Ruling Giving Local Governments Autonomy

The state governor, Chukwuma Soludo, was charged by the lawmakers with using all of his resources to financially strangle the state’s twenty-one local government areas and strip them of their financial independence.

SaharaReporters has gathered that the Anambra State Local Government Administration Bill, 2024, was approved by the Anambra State House of Assembly and is already in effect.

Legislators from the state’s Labour Party National Assembly have fiercely opposed the bill, which aims to overturn the Supreme Court’s decision giving local governments financial autonomy.

The state governor, Chukwuma Soludo, was charged by the lawmakers with using all of his resources to financially strangle the state’s twenty-one local government areas and strip them of their financial independence.

They pointed out that the state administration is determined to undermine the financial independence of local governments, which the Supreme Court has just upheld.

In a case designated SC/343/2024, the Supreme Court rendered a decision on July 11, 2024, wherein Justice Emmanuel Agim declared that all monies owed to Nigeria’s 774 local government areas ought to be deposited directly into the local governments’ accounts, rather than going through joint state and local government accounts as previously done.

The federal lawmakers from the League of Progressives expressed concern over the matter, stating, “We are very concerned that the government of Anambra State wants to return our beloved state to the days of impunity, especially since the House of Assembly appears to be complicit in this display of shame.”

Among the legislators are Senator Tony Nwoye, Representatives George Ozodinobi, Afam Ogene, Idu Emeka, and Anekwe Peter.

Under the heading “State, Joint Local Government Account,” they pointed out that Section 13(1) of the Anambra State Local Government Administration law 2024 stipulates that the “State shall maintain a special account called State Joint Local Government Account and shall pay into it all allocations from Federation to the Local Governments of the State.”

The State shall disburse the sums due to the Local Governments as stated in paragraph (1) of section 11, on such terms and in such way as prescribed by the State House of Assembly, they contend, citing Section 13(2) of the law.

They argued that the state law, among other things, violates the ruling of the Supreme Court, which issued an order of injunction prohibiting state governments, their privies, agents, officials, or anybody else called upon, from obtaining, receiving, using, or interfering with local government council funds that come from the Federation Account in the future.

Nevertheless, in spite of their opposition, the State House of Assembly on Wednesday passed the bill during a plenary session in the state capital of Awka. This occurred after the Joint House Committee on Local Government, Chieftaincy and Community Affairs, and the Committee on Judiciary and Justice presented and discussed their report.

The law aims to precisely define the rights of the local government chairman and council members in relation to the state and local government areas, according to Speaker of the House Somtochukwu Udeze, who presided over the plenary.

The Speaker claims that in order to ensure proper administration at the local government level, the state and local governments must collaborate in key areas like primary school teachers, primary healthcare, the Anambra State Universal Basic Education Board (ASUBEB), the Local Government Service Commission, and the Pension Board.

The law, according to Patrick Udoba, the chairman of the House Committee on Local Government, Chieftaincy, and Community Affairs, and Noble Igwe, the representative of Ogbaru Constituency 1, will enable local governments to operate more efficiently.

The state and local governments must share responsibilities, they continued, and there is no way to keep them apart.

In the meantime, two prayers proposed by Senator Nwoye, who represents the Anambra North Senatorial District, were unanimously approved by the Nigerian Senate on Wednesday, according to SaharaReporters.

The motion addressed governors’ attempts to draft legislation permitting the withholding of money intended for local governments.

The resolution passed by the Senate requires all local government chairs nationwide to abide by the ruling made by the Supreme Court regarding local government accounts.

This guarantees that monies given to local governments are used specifically to improve the quality of life for Nigerians.

Senate President Godwin Akpabio praised the proposal and emphasised its importance to the country, among other things.

He declared, “We were debating the motion by the same Senator Tony Nwoye on the construction of the local government account and in an effort to get around the Supreme Court ruling that funds should flow directly to the country’s local government account as a matter of national interest.

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