The Conference of Speakers of state Legislatures of Nigeria has urged the complete enforcement of Section 121(3) of the constitution of the Federal Republic of Nigeria to ensure the financial autonomy of state Legislatures.
The conference expresses profound concern regarding the consistent violation of a crucial aspect of the Nigerian Constitution by certain State Governors. Instead of adhering to the direct allocation of funds to State Houses of Assembly as mandated by the Constitution, many governors persist in exerting unwarranted control over the funds, thereby undermining the financial independence of the legislative arm.
In a communique issued by its Director General, Busari Sarafadeen, following a general meeting in Abuja, the conference highlighted the recurring disregard for the financial autonomy of State Legislatures as outlined in Section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Busari emphasized that this provision requires the financial freedom of State Houses of Assembly, ensuring that funds designated for the legislature are distributed directly to them, devoid of any influence from the Executive branch of government.
Despite the explicit provisions of Section 121(3), it is disconcerting to observe that many State Governors routinely violate this crucial aspect of our Constitution. Instead of enabling the direct allocation of funds to State Houses of Assembly, as prescribed by the Constitution, some Governors persist in exerting undue control over these funds, thereby compromising the financial autonomy and independence of the legislative arm.
The continuous breach of this constitutional provision has significantly undermined the autonomy of State Legislatures, impeding their ability to operate effectively and independently as a check on other branches of government. This situation undermines the principles of the separation of powers and weakens democracy at the state level.
The absence of financial autonomy for State Houses of Assembly hampers their capacity to carry out their legislative functions, such as law-making, oversight, and representation.
The governance and accountability are affected, as a legislature that is financially reliant on the Executive may struggle to effectively hold the Executive accountable.
The Conference unequivocally calls for immediate compliance. We urge all State Governors to promptly and fully adhere to the provisions of Section 121(3) of the Constitution by facilitating the direct disbursement of funds to the State Houses of Assembly.
This compliance is not only a constitutional imperative but also an essential step towards fortifying our democracy and fostering good governance.
In the communique, the Conference also commits to engaging with relevant stakeholders, including the Nigerian Governors’ Forum, the Federal Government, and civil society organizations, to ensure the complete implementation of financial autonomy for State Legislatures. We will collaborate with these stakeholders to raise awareness and build consensus on the significance of legislative independence.
Moreover, the conference disclosed plans to establish a monitoring and reporting mechanism to oversee 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 necessary action.
Regarding Legal Reforms, the Conference acknowledges the necessity for further legal and institutional reforms to reinforce the autonomy of State Legislatures. Consequently, we will advocate for the amendment of pertinent laws and the introduction of new legal frameworks that will enhance the financial independence of the legislative arm at the state level.
“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, while appealing for peace and harmony in Rivers State, noted the inadequacies in the manner in which governance is conducted between the executive and legislative arms of Rivers State.
In light of the aforementioned issues and the series of court judgments concerning the disputes between the state legislative leadership and the executive governor in the state, the Conference urges 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 prioritize the overall interest of the state above any other concerns and work collaboratively to ensure good governance in the State.
