Speaker of the House of Representatives, Hon. Yakubu Dogara, has slammed some governors, who he alleged interfered in the activities of the legislature and judiciary in their states.
Speaker Dogara, who spoke at a conference on the autonomy of state legislature, in Abuja, on Thursday, said some governors were administering their states like fiefdoms.
The Speaker stated that financial autonomy of the judiciary and legislature was an incident of the doctrine of separation of powers enshrined in Sections 4, 5 and 6 of the 1999 Constitution.
He pointed out that the intention of the authors of the constitution and the philosophy embedded in the constitution was that each branch of government would be fairly autonomous and independent in its operations.
Dogara said, “A situation where one branch controls the finances of the other branches is manifestly subversive of the separation of powers doctrine and patently unconstitutional. Each branch of government should hire and fire its personnel, procure the goods and services necessary for its effective functioning without interference from any other branch. This is important in preserving and safeguarding our constitutional democracy and freedom.
Lack of autonomy of these key institutions at the state levels has been the bane of our democracy. It is the main reason why there are no effective checks on governors, most of who run the states like fiefdoms.
Since more funds from the Federation Account go to the states and local government areas than to the Federal Government, lack of autonomy of the state legislature and the judiciary means that such humongous allocations will continue to be wasted by some state executives who have mastered the art of pocketing both the legislature and the judiciary.
“I must therefore thank the Federal Government for recognising this malady in our democracy and setting up this committee to ensure it is remedied by drawing up a framework for ease of compliance by states with the constitutional provision.”
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The Speaker stated that based on the doctrine of separation of powers, the Legislature and the Judiciary were meant to work with and not for the Executive arm of government.
All branches of government must develop constructive relations with each other in order to ensure a smooth and workable system. No branch should lord it over the other or assume a position of superiority over the other. They are all co-equal branches of government set up for public good. I have always said that the Legislature and the Judiciary are meant to work with and not for the Executive,” he stated.
The Speaker, however, cautioned that autonomy and independence also entailed accountability, as funds available to the Legislature, Executive or Judiciary were public funds.
He said accountability mechanism must be instituted by each branch to ensure value for money and enthronement of good governance.
Dogara said, “Finally, I wish to admonish the practitioners and operators of the three arms of government to deploy institutional prerogatives with forbearance as no individual has ever survived reckless deployment of the coercive instruments.
Misuse of power has always been and will always remain a sweet poison that kills by a thousand bites. More so, one may be a member of the Executive or Judiciary today, and belong to the Legislature tomorrow; we, as leaders, must always do those things that will build and sustain key institutions of government.”
The Deputy President of the Senate, Ike Ekweremadu, who also spoke at the event, called on President Muhammadu Buhari to throw his weight behind the creation of state police, stating that it was a panacea for the rising security crises in the country.
Ekweremadu commended the President for assenting to the Constitution Alteration Bills on Financial Autonomy for state Legislature and state Judiciary.
He said, “Our constitution contradicts, in several respects, the basic principles of democracy such as the separation of powers, checks and balances, and compromises the independence of the critical institutions of democracy.
This is why the National Assembly has, starting from 2010, successfully altered the constitution to strengthen the principles of separation of powers, checks and balances, and indeed our democracy and good governance by placing the National Assembly, the Independent National Electoral Commission and, most recently, the state Houses of Assembly and Judiciary on first-line charge.”
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However, the Deputy Senate President cautioned state Houses of Assembly, pointing out that the autonomy was not a licence to appropriate whatever they like to their respective Houses and state Judiciary.
Ekweremadu described the local government as the weakest link in the governance structure, urging the state lawmakers to approve the constitution amendment bills that sought to strengthen the councils as a third tier of government.
The lawmaker also blamed the rising security challenges on the unitary police system prescribed by the constitution, noting that the best option was not to run away from decentralised policing, which he claimed, ensured the security of the people and their property up to 1966.
He said the solution was to ensure appropriate checks in terms of recruitment, appointment of police chiefs, control, logistics and funding to guard against possible abuse by state governors as feared by some.
Asked to react to Dogara’s criticism, Governor Kayode Fayemi of Ekiti State said what obtained in his state was different from the picture painted by Dogara.
The state Commissioner for Information, Muyiwa Olumilua, said, “I don’t know what obtains in other states, so I can’t speak for them. But in Ekiti State the executive arm led by Fayemi works with the two other arms of government. He operates what we can call true democracy.
“He has never been imposing. Every other arm of government – legislature and judiciary – works hand in hand in Ekiti and enjoys harmonious relationship with the executive.
Our governor has never tried to impose his will or himself on other arms of government. This can be confirmed from chats with either or both the Chief Judge and the Speaker. The executive and the other two arms enjoy harmonious relationship.”
