Financial autonomy: Conference of Speakers calls for full implementation of Section 121(3)

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The Conference of Speakers of state Legislatures of Nigeria has called for the full implementation of Section 121(3) of the constitution of the Federal Republic of Nigeria to engender the financial autonomy of state Legislature.

The conference  expresses deep concern over  the routine flout of critical aspect of the Nigeria Constitution  by some  State Governors said many governor  Instead of allowing for the direct disbursement of funds to State Houses of Assembly as stipulated by the Constitution has  continue to exercise undue control over the fund; 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 a general 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) is being routinely floated.

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.

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“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.

“ The persistent breach of this constitutional provision has significantly eroded the independence of the State Legislatures,compromising their ability 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.

 “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.“ We 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.

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 The Conference in the communique also 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.

Speaking further, the conference in the communique reveals plan to establish a monitoring and reporting mechanism to track the implementation of financial autonomy across the states.

This mechanism , the conference revealed will document instances of non-compliance and bring them to
the attention of relevant authorities, including the Judiciary, for appropriate action.

On 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.

“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 advocate for the full
implementation of Section 121(3) and to defend the autonomy and independence of the legislative arm of government

The conference in its appeal for peace and harmony in Rivers State said

“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 to disperse good governance in the State.

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