Wednesday, 28 August 2019
The UK: Exercising a prerogative of protest at the prorogation of principle
Saturday, 16 February 2019
Nigeria: Can we radically rethink our political machinery?
Saturday, 5 August 2017
The UK: Asserting rights and affirming status by minorities in our courts
Tuesday, 7 January 2014
Nigeria: That Finance Minister and House Committee Meeting
Part 1
Part 2
Tuesday, 20 May 2008
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.
Monday, 19 May 2008
Nigeria: Ministries banned from funding National Assembly
Wednesday, 7 February 2007
Listing to the insignificance of the EFCC
The presumption of innocence
In a democracy one would expect the preponderance of the rule of law and in view of that due process that allows for the presumption of innocence until proven guilty.
Where legal issues are concerned, one would expect that mere accusations are quite below the threshold of any professional standard, especially, if those accusations are not converted to proper indictments and the accused is given the opportunity to defend themselves in the properly appointed forum.
This might be before a jury of their peers where appropriate, else the case prepared against the accused would just be argued before a panel of judges who with their expertise in the relevant jurisprudence would review the evidence and presentations adjudicating thereafter.
The expectation of due process
It is in the light of this that I have issue with the release of a list of 135 names of politicians by the Economic and Financial Crimes Commission (EFCC) in a letter to political parties about persons they deem unsuitable for office or rather should be ineligible to participate in elections through party representation.
This is completely wrong-headed, the appropriate agency to decide the suitability of any candidate for elections should be the Independent National Electoral Commission (INEC) or some appointed organ to screen, vet and approve candidates.
In September 2006, we were informed that 31 of 36 state governors in
A case of utter incompetence?
Prominently, a case was prepared against the Vice President who has had a protracted falling-out with the President, none of which has passed muster. It makes one wonder if the EFCC is completely incompetent in preparing cases that are presentable and acceptable to the courts considering the number of cases that have not progressed beyond indictments before high courts have quashed the applications.
Alternatively, there is a growing inclination to the idea that the EFCC has become an instrument of vindictiveness – a puppet of the President – to besmirch and smear anyone who has deigned to challenge the Presidency especially in that failed bid to gain a third term last year.
Generally, I have been of the view that Chairmanship of EFCC and the lines of reporting responsibility should be outside the Presidency and Executive arm of government and high up within the Judiciary, probably at the level of the Minister of Justice but appointed by the legislature on the advice of the judiciary rather than the executive.
The people
This is not to say that people on the list and many more surreptitiously and blatantly left out are not guilty of graft, corruption and probably murderous crimes, but they cannot be adjudged guilty until duly proven to be so, short-circuiting the process through letters of presumptive guilt is beneath contempt.
The way times have shifted in
It is seriously gratifying to see that the ex-President Ibrahim Badamosi Babangida had to pull out of the primaries for the presidency knowing momentum and wealth were not on his side to lead
Reforming the EFCC
Whilst the ideas and policies that lead to the formation of the EFCC are laudable and should be continued, I am not sure that the headship and direction of the organisation has been properly served by a junior functionary being elevated into the spotlight of gung-ho personality vandalism or character assassination, though some of the work of the organisation has been commendable.
The people who have plundered
We cannot have cases been ridiculed in high courts found wanting in necessary preparation to pass the scrutiny of aggressive legal examination and thrown out at the first hurdle – these matters are in need of better heads and hands.
As for the list, Nigerians would just have to decide – if allowed a free and fair election based on their ability to have registered properly – who is worthy of office, when evidently the detail of the cases against the listed cannot have been judiciously addressed in court giving them the opportunity to defend themselves or seek redress for possible defamation or libel before the elections in a few months time. This activity has been pre-emptively disingenuous and has done no one any good.