Emergency rule: Reps deny Jonathan access to funds of affected states, LGAs

The House of Representatives, yesterday, reversed its earlier endorsement of President Goodluck Jonathan’s request to utilise funds of states and local governments under emergency rule. The affected states are Borno, Yobe and Adamawa.

The resolution was passed following a motion moved by Rep. Ibrahim El-Sudi (PDP, Taraba), which was unanimously adopted.

It would be recalled that the House granted the president the power to oversee the funds in question when it approved the emergency proclamation in Adamawa, Borno and Yobe states.

El- Sudi had said he presented his motion due to public outcry and opposition to the endorsement by Nigerians. especially indigenes of the affected states of Borno, Yobe and Adamawa.

According to him, empowering the president contravenes the constitution and several Supreme Court rulings.

He said by presenting the motion, he was “mindful of a near consensus of opinion of Senior Advocates of Nigeria and Constitutional Lawyers across the country regarding the constitutionality of the said section.

He also said he took into consideration, “the provisions of Section 5(2) of the Emergency Powers Act No. 1 of 1961 (as modified) which provides that any such regulation, order or rule may, without prejudice to the validity of anything lawfully done thereunder, at anytime be amended or revoked by resolutions passed by both Houses.

He further drew the attention of his colleagues to fact that the Supreme Court had delivered very clear interpretations on the intent of section 162 of the 1999 Constitution as amended on the finances of the states and local governments and whether the Federal Government could through the National Assembly validly make laws conferring powers or imposing duties on state functionaries .

He recalled that after both chambers of the National Assembly had passed the emergency proclamation earlier in the month, a joint Committee which comprised six members from the House and five members from the Senate had met to harmonize the resolutions of both houses of the National Assembly.

The legislator said it would be an indirect withdrawal of administrative powers from the governors of the states if they had no funds to carry out their duties, if the presidency failed to release the funds.

He noted that, “on one hand, we said administration remains with governors and on the other, we say fund should be in the hands of the president, how will the governors administer the states.

“Nigeria operated a federalism and the Federal Government had no stake in states and local government funds.

“The issue of budget or funds belonging to the state is a constitutional matter and the money is not just lying there idle, they have a budget they need to pursue. The constitutional responsibility of the Federal Government was to provide security for the lives and property of its citizens without recourse to state funds”.

El-Sudi, however, said the president could explore the option of a supplementary budget to fund the emergency rule.

Speaking against the motion, Rep. Kingsley Chinda (PDP-Rivers) said reasons for amendments applied only to normal situations and not an emergence rule as the case might be.

Chinda said: “There should be a balance between the lives of the people and the funds we are talking about.

“No money is equivalent to one’s life, so if money will allow for protection, we should not hesitate to spend it”.

Ruling on the motion, Speaker Aminu  Tambuwal appealed to members to support the motion.

He said as speaker, he would never support an arrogant institution that did not correct its mistakes.

Tambuwal added that: “Attention has been drawn to the constitutional provision of our earlier decision. If we take a decision clearly against the constitution and attention is drawn, we will not lose anything to do the correct thing. We will reject any provision that is against the constitution”.

With the adoption, the House revoked completely, Section 3(2) (e) of the Harmonised and adopted Emergency Powers Regulations approved by the National Assembly.

It urged the Senate to give it force of law by concurring and adopting the amendment.



Vanguard