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EDO: Between Igbinedion and the House
Governor Lucky Igbinedion of Edo State and the State’s legislators tango over two bills meant to check local council administration and external borrowing
By Walid Ogunseri, Benin City
Governor Lucky Igbinedion of Edo State
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here are strong indications that a lingering face-off has been subsisting between the Governor of Edo State, Chief Lucky Igbinedion and members of Edo State House of Assembly following the passage of a bill amending the State’s Local Government Law 2000, and another bill to regulate public borrowing and other financial transactions. Apart from these, Governor Igbinedion and the state legislators are said to be engaged in a cold war over the contentious bills following the Governor’s seeming refusal to assent to the bills which have been returned to the House. Presently, feelings of disappointment, betrayal, and bitterness may have further worsened the strained working relationship that has existed between the two organs of government, within five months of the current leadership of the state House of Assembly led by speaker, Rt. Friday Itulah. Investigations by The Source revealed that in a bid to make the governor responsible and accountable to the citizenry, members of the State House of Assembly emerged from their last recess to hold an emergency plenary session on July 6,2006, which culminated in the passage of the two bills: one amending the Local Government Law 2000 and the other to regulate public borrowing and other financial transactions and other matters connected therewith.
While the local government amendment bill situates the power to sanction erring local government chairmen and vice chairmen on both the House and the executive, the bill to regulate public borrowing is designed to check government spending with a view to ensure financial prudence; it also situates power of authorisation and approval to both the House and the executive.
Not surprising to political analysts in the state, Governor Igbinedion vetoed the bills. In doing so, he described the bills as running foul of the principle of checks and balances as enshrined in the doctrine of separation of powers. Explaining reasons for his refusal to sign the bills to law in two separate letters sent to the House, Governor Igbinedion stated that the proposed amendment to the local government law 2000 is contrary to the provisions of the state local government law 2000 which rests the power to act on such matters on the governor of the state after due consultations with the State House of Assembly. The Governor further noted that the amendment has the combined effect of concurrent powers rested on the state Governor and the House of Assembly, which to all intents and purposes, he said, would amount to double jeopardy for the council chairmen as the bill or proposed law now vests absolute power on the house to suspend or remove any local government chairman or his deputy without recourse to any other authority. According to the governor, “the disciplinary action against any elected officer does not in any way commence and end with the legislative arm of government. The constitutional involvement of other arms of government in disciplinary procedure is designed to check executive-legislative arbitrariness.
Speaking on the law to regulate public borrowing and other financial transaction, Governor Igbinedion disclosed that the state’s Appropriation Law 2006 is still in force and so the proposed law will conflict with is provisions if given ascent to. The governor also stated that the new law particularly sections 18 and 25 remain relevant. Therefore, he reasoned that it would be absurd if on a monthly basis approval has to be sought from the House of Assembly, before loans or overdrafts can be obtained to augment financial shortcomings which have become increasingly frequent. “What happens when the House is on recess or if there is an urgent need, and what happens too if the state, for example, needs a meagre sum of N10 million to resolve a security problem? is it expected that a legislative approval would be needed before such facility can be obtained from a bank?" Governor Igbinedion asked.
Following his refusal to assent to the two bills, the speaker of the State House of Assembly, Itulah told The Source that the governor in accordance with the provision of section 100 of the1999 constitution of the Federal Republic of Nigeria, has the right to assent to a bill passed by the House or send a reply to the House within 30 days. The speaker further stated that since the bills were being returned to the House without assent, the House had two options– either to revisit the bill or to override the veto of the Governor. In furtherance to that, the speaker announced on the floor of the House that there will be an executive session of the House on the subject matters on Thursday, July 11, 2006.
However at the close of proceedings, the House empowered a committee to fashion out how they can deal with the executive challenge and to harness the reasons for the governor’s refusal to assent to the bills. The three-man ad-hoc committee, which had Hon. Samson Osagie (Uhunmwonde) as chairman is expected to examine the Governor’s response and make recommendations to the House, taking into cognisance the party (PDP’s) expectations as well as the interest of the citizenry. The committee which also has Akhere Ugbesia (Esan South East) and Zakawanu Garuba (Etsako West 1) as members’ is expected to submit its report within one week. It was gathered that one major idea behind the law may have emanated from the sordid stories as depicted by local government chairmen and commissioners briefs before the House.
The stewardship accounts rendered by the chairmen and the commissioners are at best horrific, and this gave the state legislators serious cause for concern on account of due process, accountability and good governance.
For instance , it was discovered that a majority of commissioners are not in charge of their various ministries and extra-ministerial departments. The submissions and ‘confessions’ of the commissioners were so shameful as they revealed how the governor ran the state for seven years, like a private business enterprise, milking and allegedly mis-appriopating state resources. During the briefings, majority of the council bosses also disclosed evidences of bogus and unreasonable expenditure profiles to the House.
For instance, the council chairmen revealed how the governor spent a whopping sum of N180million to procure Toyota 4- Runner Jeeps for the 18 local government chairmen. He reportedly bought each vehicle at an outrageous cost of N10 million; they contend that ordinarily each should cost about six million naira. The council bosses further disclosed that they did not request for the vehicles.
Other embarrassing revelations include, an instance where the Edo State government obtained a loan of three billion naira, purportedly to repair roads and for which the state pays a whopping N450 million as service charge. The House members, The Source gathered, were convinced beyond doubt that the said loan was misappropriated and recklessly misapplied, as there were no traces across the three senatorial districts as to how the three billion naira was spent. The House had expressed shock over the Commissioner of Finance’s revelations that the state is indebted to the tune of three billion naira. At the moment of revelation, the House demanded an explanation whether the money was an accumulation of the state’s previous debt such as the one billion naira borrowed for the construction of the Iyekogba Housing Estate and other loans. They were shocked the more when the commissioner said that the debt was a fresh three billion loans secure for the construction of roads in 2005 alone.
There was yet another $70million loan waiting to be taken by the Governor Igbinedion administration purportedly to sink boreholes in Benin metropolis. From the revelations, they wondered if for seven years the governor could not make any appreciable and meaningful impact in the state, how he hopes to actualise same in just 11 months left of his tenure.
Another reason that may have triggered off the conception and execution of the laws may not be unconnected with the political situation in the state especially against the backdrop of festering crisis over who succeeds the governor come 2007, coupled with the fact that the ruling party in the state, the Peoples Democratic Party, (PDP), is no longer one family as exemplified by the botched reconciliatory moves by the committee set up by the national body of the party. This fact is attested to by the Speaker of the Assembly when he inaugurated a committee to look into the reasons for refusing assent to the bills by Governor Igbinedion.
Defining the responsibility of the committee, the House speaker charged the members to take a holistic look at the reasons but more importantly, to take into consideration the party’s (PDP) and the public interest. During the reconciliation meeting and the recent Mother of All Rallies” organised by the state PDP in Benin City, the local government chairmen were conspicuously absent at the venues. The council chairmen believed to identify with the governor’s faction stayed away apparently for fear of being victimised by the governor who has the sole power to suspend them.
It was gathered that the governor actually wanted the $70 million loan, not to develop the state, but to finance the Advanced Congress of Democrats, (ACD), the new party the governor’s PDP faction has largely embraced. Despite claims by the governor and his aides that he does not belong to the ACD, it is common knowledge to many Edo indigenes that the governor’s sympathy and loyalty lies with the new group. On the other hand, the main force to take away the governor’s power to sanction erring council bosses was a fall-out of alleged plan by the governor to dissolve local councils and replace the mainstream PDP chairmen with his loyalists in the ACD. This plan, it was believed, would have been a boost to the governor in his desperate bid and desire to play at least a role in who succeeds him. Only recently, Orhionmwon Local Government Chapter of the People’s Democratic Party called on the Edo State House of Assembly to enact a law for the establishment of a commission that will regulate and manage the 13 percent oil derivation fund accruing to the state.
According to the Local Government Chairman of the party, Chief Emmanuel Igiebor, J.P, this step is imperative considering the fact that the Federal Government has been releasing the state’s share of the fund without any development project to show for it especially in Orhionmwon local government area. Igiebor said further that the Social and Economic Committee on Coastal Local Government Area set up by the state governor recently negates the reality on the ground, as it is an avenue to siphon the funds meant for the areas in question. Stressing further, the chairman said the council will only accept a commission established by law to administer such fund, adding that the only development project ever enjoyed by the people of Orhionmwon are projects executed by the Niger Delta Development Commission (NDDC). He decried the situation whereby such projects are often commissioned by the state government and so enjoined the House of Assembly to prevail on the Federal Government not to release the about eight billion naira which accrued from the Asaboro, Ona and Abe oil wells in Orhionmwon until such a commission is enacted.
However, Speaker, Itulah assured the Orhrionmwon people who stormed the House of Assembly Complex that the House will look into the matter, with a view to enacting a law creating such a commission. The governor and his aides on their part are said to be feeling disappointed with the recent action of the state legislators especially their recent resolve to revoke the governor’s powers as it concerns local councils. Beside the timing factor, the controversy about the genuine or otherwise of the legislators intentions for the contentious laws is another issue which is begging for an answer. According to some loyalists to the governor, this is obviously against the backdrop of the rumoured plans by the governor to finance the ACD. In summary, they believe that the battle for the survival of the bills between the House and the governor is a PDP battle and believe that they struggle to get the upper hand in the 2007 elections.
At any rate, all appears to have been set for the laws to see the light of day despite the governor’s refusal to assent to them. Sources close to the leadership of the state House of Assembly hinted that the state legislators may have concluded plans to start the process of garnering two-third majority votes to enable it over-ride the governor’s veto. “The recent event of June 6, 2006 by our honourable members was by no means a historic feat and if the governor refuses to sign the law, no problem, because right now, the legislators are clapping their hands for the drowning governor by his refusal. And I know with a simple two-third majority, the lawmakers may have accomplished their rescue mission for the state,” the source said.
Meanwhile, the ACD in the state has described the governor's refusal to assent to the bills as a welcome development.
Speaking through a national leader of the party and former Senate Chief Whip of the Senate, Senator Roland Owie, the party accused the legislators of executing a script given to them by a national leader of the PDP from the state, admonishing them to pass laws that would benefit the common man and not to wage wars of vendetta. |
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