State Speakers Say Governors Flouting Constitution, Withholding Legislative’s Funds

The Conference of Speakers of State Legislatures of Nigeria (CSLN), a body of the presiding officers of the 36 houses of Assembly across the country, has once again, raised the alarm that governors were flouting the constitution by withholding funds of the legislative arm in their respective states.

The presiding officers who stated this in a communique they issued after their one-day special session in Abuja, noted that the governors were doing that despite constitutional provisions which forbade them from doing so.

The communique signed by the Director-General of the CSLN, Mr. Busari Sarafadeen, and made available to THISDAY in Abuja, said the lawmakers deliberated on the critical issue of financial autonomy for State Legislatures, as enshrined in Section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The communique said, “This provision mandates the financial independence of State Houses of Assembly, ensuring that funds allocated to the legislature are disbursed directly to them, free from the control of the Executive arm of government.

It lamented that there was non-compliance on the part of the governors despite the clear provisions of Section 121(3).

It read, “We have observed with deep concern that this critical aspect of our Constitution is being routinely flouted by many State Governors.

“Instead of allowing for the direct disbursement of funds to State Houses of Assembly, as stipulated by the Constitution, some governors continue to exercise undue control over these funds, thereby undermining the financial autonomy and independence of the legislative arm.

“Erosion of Legislative Independence: The persistent breach of this constitutional provision has significantly eroded the independence of the State Legislatures, compromising their ability to function effectively and independently as a check on other arms of government.

“This situation undermines the principles of separation of powers and weakens our democracy at the state level.

“Impact on Governance and Accountability: The lack of financial autonomy for State Houses of Assembly hampers their capacity to execute their legislative functions, including law-making, oversight, and representation.

“This, in turn, affects governance and accountability, as a legislature that is financially dependent on the Executive cannot effectively hold the Executive accountable.”

The speakers then resolved to, “Call for Immediate Compliance.”

“We hereby call on all State Governors to immediately and fully comply with the provisions of Section 121(3) of the Constitution by allowing for the direct disbursement of funds to the State Houses of Assembly.

“This compliance is not only a constitutional obligation but also a necessary step towards strengthening our democracy and promoting good governance.

“Engagement with Relevant Stakeholders: The Conference of Speakers resolves to engage with relevant stakeholders, including the Nigerian Governors’ Forum, the Federal Government, and civil society organisations, to ensure the full implementation of financial autonomy for State Legislatures.

“We will also collaborate with these stakeholders to create awareness and build consensus on the importance of legislative independence. Monitoring and Reporting Mechanism: The Conference will establish a monitoring and reporting mechanism to track the implementation of financial autonomy across the states.

“This mechanism will document instances of non-compliance and bring them to the attention of relevant authorities, including the Judiciary, for appropriate action.

“Advocacy for Legal Reforms. The Conference recognises the need for further legal and institutional reforms to reinforce the autonomy of State Legislatures.

“To this end, we will advocate for the amendment of relevant laws and the introduction of new legal frameworks that will strengthen the financial independence of the legislative arm at the state level.

“Commitment to Upholding Constitutional Provisions: As Speakers of the State. Houses of Assembly, we reaffirm our commitment to upholding the Constitution of the Federal Republic of Nigeria.

 “We pledge to continue advocating for the full implementation of Section 121(3) and to defend the autonomy and independence of the legislative arm of government.”

The speakers also urged the Governor of Rivers State Siminalayi Fubara and the Speaker of the State House of Assembly, Martin Chike Amaewhule, to settle their differences in the overall interest of the people of the state.

Sunday Aborisade

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