31 governors shun financial autonomy for state Legislature •FULL LIST HERE
Despite flagrant violations of constitutional provisions, a minimum of 31 governors have yet to relinquish financial autonomy to their respective states’ legislative branches of government.
The Guardian reports that according to the findings, only the Houses of Assembly in the following five states presently possess a degree of complete financial independence: Lagos, Delta, Plateau, Oyo, and Nasarawa.
Twelve more are granted limited autonomy. The following states comprise them: Rivers, Adamawa, Akwa Ibom, Benue, Borno, Cross River, Enugu, Kogi, Kwara, Bauchi, Ogun, and Osun.
On the contrary, the following states lack even a modicum of financial autonomy: Imo, Ondo, Katsina, Gombe, Taraba, Yobe, Ekiti, and Abia. The states of Kano, Jigawa, Kaduna, Niger, Bauchi, Kebbi, Sokoto, Zamfara, Bayelsa, Anambra, and Ebonyi are the others.
It is worth noting that members of the Parliamentary Staff Association of Nigeria (PASAN) initiated a nationwide industrial action in approximately 20 states last week in response to the ultimatum regarding the implementation of financial autonomy by state assemblies expiring. The strike was prompted by the expiration of the ultimatum.
Chairman of the Ekiti State PASAN Gbenga Oluwajuyigbe stated that both the National and State Assemblies have financial autonomy. Over the past decade, the National Assembly has enjoyed complete autonomy due to the fact that their funds are the primary concern. However, the situation is quite different in the state legislatures.
He elaborated that there are three tiers of compliance with autonomy: complete adherence, partial implementation, and non-compliance.
Complete financial autonomy is achieved through the implementation of Section 121 in accordance with its letter and intent, and by placing legislative allocations in the first line charge. Furthermore, it can be considered a partial implementation when the executive continues to pay the salaries of the legislature.
“The 1999 Constitution, as amended in Section 121, contains a provision that grants the legislature financial independence,” stated Oluwajuyigbe. All that we are demanding is the enforcement of this constitutional provision by the government.
“By “non-implementation of the autonomy clause,” you mean that no action has been taken to initiate the process of implementing Section 121. Despite this, the State Assembly continues to submit funding requests to the governor for virtually everything.
“Partial implementation has occurred in Ekiti due to the fact that salaries are not being disbursed at the state assembly; rather, the Accountant General continues to exercise control over the process.” “At least until they establish a pay point akin to that of the National Assembly, the implementation will be incomplete.”
Usman Mohammed, national president of PASAN, verified that Lagos and Plateau are already autonomous and added that Jigawa is being integrated progressively.
“The Constitution did not prohibit doing it in part; in fact, Section 121 grants state legislatures autonomy.” It mandates the transmission of the entire fund designated for the state legislature and the judiciary into their respective accounts. “It specifies the transfer of all funds, not just the capital, personnel, or overhead expenses,” Mohammed explained.
It is noteworthy to mention that the endeavour to grant financial autonomy to State Houses of Assembly, which commenced in 2010, has encountered numerous obstacles due to the administrators of the 36 federated states erecting barriers to prevent such autonomy from materialising.
Initially, the state legislatures, which were strongly influenced by the governors of the time, were incapable of vigorously advocating for financial autonomy. As a result, they were defeated in the first amendment exercise at the National Assembly in 2010.
The objective of achieving financial independence for the second branch of government reportedly began when former President Muhammadu Buhari issued Executive Order No. 10 of 2020 to implement the 4th Amendment Act of 2017 to the Constitution.
According to a source, the Eighth National Assembly amended the constitution in 2017 to grant State Houses of Assembly and State Judiciary financial autonomy. The quantities standing to the credit of State Houses of Assembly and the Judiciary in the State’s Consolidated Revenue Fund shall be paid directly to the aforementioned bodies under the amendment.
The President established a Presidential Implementation Committee on State Legislature and Judiciary in March 2019 with the responsibility of ensuring that funds allocated to these branches of government are disbursed directly to them.
In order to address the obstacles presented by the governors regarding implementation, President Buhari took action by issuing Executive Order 10, which aimed to ensure adherence to the constitutional provisions.
Notwithstanding this, the execution of the constitutionally mandated financial autonomy encountered an obstacle when state governors, acting through the “Nigerian Governors’ Forum (NGF)” as its umbrella organisation, claimed they were unable to do so on account of a “lack of implementation methodology.”
NGF, dissatisfied with Buhari’s Executive 10 Order, challenged its constitutionality in the Supreme Court and was granted a favourable ruling.
According to a source who spoke with our correspondent, various stakeholders convened to discuss the way forward in order to resolve the crisis. These stakeholders included the NGF, the Office of the Chief of Staff to the President, the Presidential Committee on the Implementation of Financial Autonomy, the Office of the Minister of Justice and Attorney General of the Federation, the Office of the Minister of Labour and Productivity, and others.
An amendment was enacted as a result of the unprecedented emergence of a rudimentary consensus regarding the mode of implementation (5th Amendment to the Constitution).
“President Buhari approved the consequential amendment (mode of implementation) to the Financial Autonomy for the State Houses of Assembly on March 16, 2023. This amendment granted the state assemblies their long-awaited financial independence.”
“However, despite the explicit provisions and implementation methodology outlined in the 1999 Constitution (as Amended) and eight months on, only five states out of thirty-six have thus far granted their Houses of Assembly complete autonomy.”
In response to the aforementioned development, a lawmaker, whose identity was withheld to prevent potential retaliation, revealed that certain state assemblies continue to rely on their governors for fuel to power generators utilised throughout plenary sessions.
“How can one produce quality legislation when we are treated like a department of government institutions?” he inquired. It is indisputable that whoever provides payment to the piper dictates the melodies. As directed by the governor, actions are carried out. We require the same degree of autonomy as the National Assembly.”
Following the recent industrial action, Dr. Alex Otti, the governor of Abia State, entreated the striking parliamentary employees, urging them to cease their strike and promising that the state would commence enforcement of the financial autonomy law shortly.
Rt. Hon. Adewale Egbedun, Speaker of the Osun State House of Assembly, stated that the request for financial autonomy for the Assembly had been received by the state governor, Ademola Adeleke. This was in response to a request from the parliament. Egbedun assured that the state would soon join the league of states with legislative financial autonomy.
Governor Bala Mohammed of Bauchi State endorsed the bill on August 6, 2022, which granted financial autonomy to the legislative and judiciary branches of government. However, IsiakaJibrin Gital, chairman of PASAN in the state, stated that only a portion of the law has been implemented.
He revealed that the state’s existing “Fund Management Law” and “Assembly Service Commission Law 2004” are operational components that contribute to financial autonomy.
According to Florence Ebeku, chairman of PASAN in Cross River State, Executive Order 10 has not been implemented in the state. Ebeku stated, “We want the government to grant the State Legislature financial autonomy.”
Bem Abunde, assistant director of publications for the Benue State House of Assembly, stated to The Guardian that the governor has delegated authority to the judiciary while ignoring the legislative branch, adding, “One cannot selectively enforce certain provisions of the law.”
Saater Tiseer, majority leader of the Benue State House of Assembly, stated to The Guardian in the same vein that the state has not yet granted the House of Assembly financial autonomy.
He revealed that the present assembly complied with an agreement negotiated by the previous (9th) Assembly, in which former governor Samuel Ortom, rather than granting financial autonomy, conducted an upward review of the House’s accrued administrative expenses.
Tiseer, on the other hand, suggested that the present governor, Fr. Hyacinth Alia, has indicated a readiness to adhere to the terms and has already established a committee, presided over by the state Commissioner of Finance, to devise the necessary procedures.
The House of Assembly in Kwara State continues to have a degree of financial autonomy. A lawmaker who requested anonymity stated to The Guardian, “The House is limited in its ability to manage capital expenditures and merely has autonomy over recurring expenses.”
He further stated that this is an improvement over the situation in certain states, where the Assembly is obligated to submit financial proposals to the Accountant General and the Commissioners for Finance prior to making purchases of stationery.
Bashir Yahaya, chairman of PASAN in Kano State, expressed regret that the executive branch continues to provide funding for both recurrent and capital expenditures of the state Assembly.
Abubakar Yusuf, chairman of PASAN in Sokoto State, disclosed that the state Assembly continues to depend on the governor for financial support and issued a threat that the strike would persist until the second branch of government is granted complete financial autonomy.
In an interview with The Guardian, Harrison Ogara, a representative for the Igboeze south constituency in the Enugu State House of Assembly, stated, “The situation remains unchanged as of today.” The constitutional provision remains unimplemented in the majority of Nigerian states, including Enugu State. This prompted the PASAN to initiate a nationwide strike.
Prof. Kayode Soremekun, former vice chancellor of the Federal University Oye Ekiti (FUOYE), and Owoseni Ajayi, former Ekiti State Attorney General and Commissioner for Justice, have issued dire warnings regarding the dilution of the state legislature. They argue that such a move would undermine the integrity of the democratic system at the national level and undermine the authority of the people.
In a separate interview, the two individuals urged the governors to reconsider their position and carry out their responsibilities in accordance with the Nigerian Constitution, stating that the legislative branch is too vital to undermine.
According to Soremekun, the state assembly’s lack of autonomy poses a threat to the integrity of democracy. When the sentiments of the people, which appear to be genuine, are emasculated, a fatal wound is dealt to democracy. The administrators ought to reconsider their stance and carry out their responsibilities in accordance with the Constitution.
“The branch of government that we are discussing is critical to democracy’s continued existence.” This branch of government is too vital for the welfare of the people and the governors to allow itself to be emasculated. The manner in which the legislators were elected, which was not devoid of governor input, contributes to a portion of the issues.
“They are all affiliated with the same political party, and their compliance with the governors’ requests was virtually identical.” Nevertheless, legislators ought to assert themselves and recognise their fundamental role in a democratic society. Legislators ought to be eternally grateful to the electorate rather than the executives.
“We must educate the governors once more on the importance of adhering to both the letter and spirit of the Constitution.” Preserving the genuine independence of the legislative branch of the second arm of government would ultimately benefit them, as it would enable them to enact sound legislation and serve as a check and balance against the executive branch’s capriciousness. He stated, “Our society will be better governed in the end if the Houses of Assembly are genuinely independent.”
Ajayi, an attorney, believes that the judiciary and state assemblies both meet with the same demise.
He stated, “With regard to their financial situation, they are contending for provisions that are already outlined in the 1999 Constitution, as amended.” Generally, no education should be provided regarding this. The judicial branch of the government initiated its own for a few months last year. We were unable to appear in court due to their employees’ strike. It was called due to senior citizens in the country intervening, not because their demand for complete autonomy was satisfied. The legislative and judicial branches are impacted by the crisis. They were bestowed with duplicity as their gift.
“Our constitution contains a clear provision on the subject, and the Supreme Court has also rendered a decision on the matter.” The executive branch is subjugating and undermining the legislature and the judiciary with its mighty hand. They were capable of accomplishing this due to their authority over the power’s state resources and security apparatus.
“This, in my opinion, is gross repression by both branches of government.” The current situation is detrimental to democracy. It is noteworthy that despite the fact that President Muhammadu Buhari affixed his signature to Executive Order 10, it was thwarted by the governors. Everything that could have been done to assure the genuine independence of state assemblies has been accomplished.
“I wholeheartedly endorse the strike action.” As to why does the executive branch dominate the judiciary and legislature? Because doing so enables them to exert control over them. It is noteworthy that the Speaker and the Chief Judge typically approach the executive with beggar’s hands full of money in order to obtain an honorarium. The oppression they endure prevents them from dispensing justice in accordance with the law. I, Ajayi,
