Nigeria: Splitting hairs on Senate funding

The intent is clear

This is an update to the blog I wrote yesterday about the directive of the Secretary to the Government of the Federation (SGF) advising Ministries, Departments and Agencies (MDA) about providing funds to other organs of government which should for their purposes be fully-funded for their activities.

In what is looking like splitting hairs, the spokesperson of the Nigerian Senate is now trying to interpret that message and achieve an understanding that is clearly not the intent of the SGF.

Live within your means

The fundamental principle simply is, every organ of government should be fully funded or prudently manage their budget to facilitate whatever activities they need to carry out within the law and their legal remits.

If that organ of government does not have sufficient funds, it should apply to its line of management to secure sufficient funds or can the proposed activity – it is a commonsense idea of living within your means.

Conflicts of interest

The National Assembly serves the dual purpose of enacting laws and providing oversight; to fulfil all righteousness in carrying out its duties, it should clearly be financially and structurally independent of the other arms of government.

Regardless of rules of engagement, it is only proper and ethical to avoid situations where the slightest influence can be leveraged through MDAs facilitating or offering funds to the legislative organs of government.

In fact, it is disingenuous of the Senate to expect that MDAs sponsor or facilitate so-called capacity building exercises which are to ensure the Senate delivers on its constitutionally authorised duties of oversight.

There are too many avenues for abuse if the budgets of any of the Senate committees are not completely under the purview of the Senate administration.

Maturing into an example democracy

Regardless of examples the Senate portends to happen in other legislatures in the world, the concept of facilitation should strictly be the availability of personnel, information and access to whatever is needed to ensure the legislature has all the detail necessary to reach the right conclusions for government.

Nobody would be against that, the monetary aspect should be completely off the table, if only to protect the fragile state of our democracy that is still trying to mature into one that fully recognises the rule of law and the principle of separation of powers.

Nigeria runs a presidential system of government, the government should not then allow for obfuscation that makes it appear it is running parliamentary system – the separation of powers including funding for facilitation must be sacrosanct.

Clear intent

I think the clear intent of the SGF was to prevent budgets within the Executive being imprudently disbursed to organs outside its control; this would definitely include the legislature and the judiciary.

Each organ has a job to do, if they cannot get their jobs done due to insufficient funding, the planners need to review their projections and make contingencies for unexpected circumstances – the law should clearly require that MDAs have no right to pass moneys out to the National Assembly.

There should be no debate on that matter at all.

Nigeria: Ministries banned from funding National Assembly

Don’t give

Once again, one does not see tectonic shifts in reform but the small steps one sees are significant.

The Secretary to the Federal Government (SFG) has sent letters to Ministries, Departments and Agents (MDAs), advising them that every arm of government has its own budgetary allocations to fund their activities and so they should not be sponsoring activities for other organs of government especially those of the National Assembly.

This came about after the illegal disbursement of funds from the Ministry of Health to both the House of Representatives Health Committee and the Senate Committee on Health.

Bad gifts

These funds were part of the N300 million excess that the President had ordered the Ministry of Health to return to the treasury but lead to an elaborate scheme to embezzle the funds disguised as Christmas bonuses, this lead to the resignation of the Ministers and the indictment of administrators of the Ministry.

Offering N10 million each to the committees in the National Assembly would have compromised the oversight and lawmaking functions they have over the Ministry of Health; the House of Representatives committee returned their share whilst the Senate committee went on a jaunt in Ghana.

Obvious conflicts of interest

Though, the Senate did not see anything untoward in accepting funds and cleared the chairman of the committee of wrong-doing, better sense has prevailed upon others in the Executive that there is a clear and attributable conflict of interest in that kind of transaction.

The letter of the SFG clearly addresses the responsibility of chief executives of government organs in the stewardship of their resources and conformance to existing financial laws whilst warning that their prudence should ensure they are not caught in criminal conduct.

It also seeks to address avenues of patronage that might lead to corrupt practices.

Clear separation of powers

In general, a clear separation of powers is being advocated by removing inducements; without saying it in words; whilst hoping to promote a transparent and professional relationship between the Executive and the Legislature.

The fallout from the Ministry of Health embezzlement is no all bad; I think it strengthens democratic structures in a progressive and positive manner.

Once again – Good Job, Yardy!

Nigeria: Beyond Due Process

The dues of process

With a number of cases of supposed impropriety leading to the ousting of political officers, the resignation of ministers, the indictment of politicians or the accusation of public office holders, the revelation of each developing speculation might make us lose focus of the pertinent issues.

One phrase that has been bandied around the most on most of these matters is that of “due process”. It makes one ask, how much process is due process and when does due process become a bureaucratic ordeal that requires the vultures of the law to nitpick the minutiae?

Beyond due process

However, beyond the façade of due process maybe we should review the issues of perception, appearance and transparency.

Some holders of public office would like to be considered honest, trustworthy and able; in return they expect to be respected and treated with some dignity whilst their authority and office is not impugned.

In those seemingly exceptional cases, it should not just be the letter of the law or guiding principles of rules of procedure that they should adhere to, they should endeavour to go the extra mile to ensure that nothing they do by commission or omission is construed to be suspect.

Separation from the detail

In the case of the threatened impeachment of the Speaker of the House Representative which lead to her resignation; there might have been reason to renovate the premises of those officers and the acquisition of vehicles for official duties, however, the Speaker should never have gotten directly involved in any of the contractual negotiations to the extent that she got implicated.

If there were rules about tendering, allocation of funds and execution of contracts, she should have ensured that her subordinates were aware of all that would make the activities transparent and above board whilst keeping her distance from matters that could create clamour about conflicts of interest, talk less of the whiff of corruption.

Obeying simple orders

The matter of the resignation of the ministers in the Ministry of Health is simple; the President gave an executive order to return unspent moneys to the treasury; it was disobeyed and then an elaborate scheme was hatched to distribute the said funds to senior staff whilst cheating the junior staff of their share of the loot.

I have no sympathy for the senior officials of that ministry; what they did was unforgivably corrupt and it should be punished after the necessary legal issues have ascertained guilt or innocence of the parties concerned.

Part of that distribution ended up in the Senate Committee for Health which has legislative oversight of the Ministry of Health and this was used to sponsor a retreat in Ghana.

Avoiding the conflict of interest

There are commentators who suggest that the Chairman of that committee, Senator Iyabo Obasanjo-Bello is a victim of a witch-hunt by reason of the fact that she is the daughter of the erstwhile President who is having his whole tenure discredited for all sorts of matters of due process.

I do not however subscribe to this idea of a witch-hunt; whilst a Senate committee is allowed to solicit funds for activities to help them fulfil their functions; it surely cannot be right for an oversight committee to solicit and accept funds from organisations over which it exercises the obligation of oversight.

Here, the chairman should have done the prudent thing, return the money to the ministry citing the possibility of conflict of interest and the perception that their clear and objective assessment of issues concerning the Ministry of Health could be compromised.

Asking for good character

Obviously, this is asking for a higher level of probity from participants in the governance of Nigeria, this kind of thinking has to start from the top for it to permeate through the fabric of our political system.

In the end, there is the matter of the spirit and letter of the law and procedures with the additional but unwritten aspects of perception that stems from the character and virtues of the people who hold high public office.

We should have in mind that this does not pertain to any religious affiliation of the people concerned, if they are not in and of themselves honest and trustworthy, no religious adherence would make them any better than they are – do not be badgered with the false witness of swearing to some potentate when you are seeking the truth about any matter.