…call for implementation of Section 121 (3)
By Tunde Opalana
State governors have been indicted as major hindrance to the full implementation of financial autonomy to the legislative arm of government in the 36 states of the federation .
The Conference of Speakers of State Legislatures of Nigeria carpeted the state executives of flouting the Nigeria Constitution which stipulates direct disbursement of funds to State Houses of Assembly, accusing some governors of exercising undue control over these funds, thereby undermining the financial autonomy and independence of the legislative arm.
The conference, in a communique issued at the weekend by it’s Director General, Busari Sarafadeen, after an emergency meeting in Abuja, called for a full implementation of financial autonomy for State Legislatures, as enshrined in Section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which 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.”
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Addressing the issue of Non-Compliance with Constitutional Provisions: despite the clear provisions of Section 121(3), the Conference said “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 ablity 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.
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The Conference however calls for immediate compliance. for immediate compliance, saying “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 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.
“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.”
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