The Conference of Speakers of state Legislatures of Nigeria has observed with deep concern that the critical aspect of Nigeria 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, stating that some Governors continue to exercise undue control over these funds,
thereby undermining the financial autonomy and independence of the legislative arm.
The conference, in a communique issued by it’s Director General,Busari Sarafadeen, after an emergency meeting in Abuja, noted that 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).
According to Busari, 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.
“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.
“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.
The Conference however calls for immediate compliance.
“Call for Immediate Compliance: WNe 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.
The Conference also advocates 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.
“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.
The Conference calls for full implementation of Section 121(3) as the 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.
