By Opatola Victor Esq.

In a concerning turn of events, the Anambra State House of Assembly has passed a new law—the Anambra State Local Government Administration Bill, 2024—aimed at undermining a recent Supreme Court judgment granting financial autonomy to local governments. This law flagrantly violates the highest court’s judgement, which mandates and stipulates local governments fiscal autonomy and authoritatively pronounced local government as a third tier Government in Nigeria; free from the financial control or interference of state governments. It makes the discerning truly worried as to the true aim and obsession of State Governors with Local Government Funds.

The Supreme Court’s decision is a landmark ruling designed to promote transparency, accountability, and proper governance at the grassroots level. Justice Emmanuel Agim’s lead judgment is unequivocally clear as whistle, any deviation from this is illegal and unconstitutional.

Anambra State’s Illegal Response

However, despite this clear ruling, the Anambra State government has pushed through a law that directly contradicts the Supreme Court’s decision. The new law among other things, requires local government to pay percentage of their allocations into a consolidate Local Government Account, which shall be managed on behalf of the local governments.

According to Punch Newspaper of 11th October 2024, “the Secretary to the Speaker of the Anambra State House of Assembly, Emma Madu, confirmed that the assembly passed the bill titled, ‘Anambra Local Government Administration Law 2024,’ on Tuesday.”

Section 13, 14 and some other sections of the said law is a direct legislative affront to the Supreme Court’s judgment, which clearly barred state governments as financial trustees to local governments and from handling local government funds. It reflects a calculated attempt by the Anambra State government to maintain control over local governments, depriving them of their constitutional rights and financial independence.

The passage of this law by the Anambra State House of Assembly is not just an act of defiance; it is a clear contempt of the highest court of the land.

Why the Good People of Anambra Must Challenge This Law

The passage of this law raises serious concerns about the willingness of the Anambra State Government to comply with the highest court in the land. The state government, led by Governor Chukwuma Soludo, seems intent on maintaining control over local government finances, despite the clear directive of the court, and the people must resist.

The people of Anambra State, communities, associations have a moral and constitutional duty to legally challenge this law which has made attempts to subvert the Supreme Court position. They must challenge this Law for the sake of tomorrow.
Local government chairmen’s neck are on the noose. They are the ones who must account for each kobo of every allocation, and God forbid that the recent Anambra State law is a defence for them to pay any percentage into any joint account. Local Government chairman has no immunity from criminal prosecution under any law. Anambra Local Government Chairmen for their own good should tarry the recent law until it is tested in the court of law so as not to put themselves in legal jeopardy, because they will be made to account for every kobo spent out of the people’s fund.
Association of Local Government of Nigeria ALGON and well intentioned CSOs should take the initiative to challenge this macabre dance happening in Anambra State in Court.
Avoiding Precedents of Impunity: If Anambra State government is allowed to get away with this subversive act, it could embolden other state governments to act in similar ways; which will would set a dangerous precedent for democracy and side-stepping judicial orders.

Conclusion: The Path Forward

It is obvious that state governments’ chokehold on local government finances continues, and that the battle for local government autonomy is far from over. The people must rise to the occasion, challenge this law, and demand that their leaders respect the rule of law. This is not just about protecting local government autonomy—it is about safeguarding democracy, ensuring accountability, and securing the future of grassroots development. Citizens, civil society organizations, and right-thinking legal minds must come together to resist this clear violation of Supreme Court Judgment and b doing so, uphold the principles of justice, transparency, and accountability that are essential for the progress of Anambra State and Nigeria as a whole.

Opatola Victor Esq.

Adeopatola@gmail.com