The Conference Of Speakers Of State Legislatures Of Nigeria has expressed concerns over Non-Compliance with Constitutional Provisions regarding financial Autonomy for the State House of Assembly.
The Conference of Speakers raised this concern in a communique issued at the end of the general meeting of the Conference Of Speakers Of State Legislatures of Nigeria held in Abuja on 28th august, 2024.
The communique read in full;
THE COMMUNIQUE ISSUED AT THE END OF THE GENERAL MEETING OF THE CONFERENCE OF SPEAKERS OF STATE LEGISLATURES OF NIGERIA HELD ON THE 28TH AUGUST, 2024 AT ABUJA CONTINENTAL HOTEL, ABUJA.
Preamble
We, the Speakers of the State Houses of Assembly in Nigeria, convened in a special session on Wednesday 28th August, 2024 to deliberate 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). 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.
Observations
1. Non-Compliance with Constitutional Provisions: Despite the clear provisions of Section 121(3), 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.
2. 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.
3. 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.
Resolutions
1. 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.
2. 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 organizations, 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.
3. 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.
4. Advocacy for Legal Reforms: The Conference recognizes 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.
5. 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 Conference also observed inappropriateness in the manners the business of governance is conducted between the executive and legislative arms of Rivers State. In the light of the foregoing and on the strength of the series of court judgments in respect of the issues between the state legislative leadership and the executive governor in the state, the Conference calls on His Excellency the Governor of Rivers State Dr Siminalayi Fubara and the Speaker of the State House of Assembly Rt Hon Martin Chike Amaewhule to put the overall interest of the state above any other interests and work harmoniously for the good governance in the State.
Conclusion
The full implementation of Section 121(3) is a constitutional mandate that must be respected by all levels of government. We, the Speakers of the State Houses of Assembly, reiterate our call on State Governors to comply with this provision without further delay. We believe that the financial autonomy of State Legislatures is essential for the effective functioning of our democracy and for the advancement of good governance in Nigeria.
Issued this Wednesday 28 August, 2024 by the Conference of Speakers of State Legislatures of Nigeria
Mr. Busari Sarafadeen Director-General For: Chairman
