Rights Group under the auspices of Vanguard for Transparency Leadership and Development VATLAD has called on Governor Siminalayi Fubara of Rivers state to present the 2024 Budget Proposal to the state House of Assembly.
A signed statement by Comrade (Engr) Igbini Odafe Emmanuel. National President, VATLAND on recent developments in the state and issued to newsmen in Abuja aligns with stand of the state lawmakers as stipulated by section 121 of the 1999 Nigerian Constitution, as amended, that: “the Governor shall cause to be prepared and laid before the House of Assembly at any time before the commencement of each financial year estimates of the revenues and expenditure of the State for the next following financial year” be strictly complied with and to give constitutional backing to the Governor. Refusal by the Governor to present this Bill to the House of Assembly will amount to gross violation and disregard for the Nigerian Constitution – “Gross Misconduct” as defined by section 188 (11) of the Nigerian Constitution and valid ground to commence process of removing a Governor from Office. This, we appeal to the Governor to avoid.
Igbini further explained section 120 of the 1999 Nigerian Constitution, as amended, that reads (i) “No moneys shall be withdrawn from the Consolidated Revenue Fund of the State except to meet expenditure that is charged upon the Fund by this Constitution or where the issue of those moneys has been authorised by an Appropriation Law, Supplementary Appropriation Law or Law passed in pursuance of section 121 of this Constitution, (ii) “No moneys shall be withdrawn from any public fund of the State, other than the Consolidated Revenue Fund of the State, unless the issue of those moneys has been authorised by a Law of the House of Assembly of the State” and (iii) “No moneys shall be withdrawn from the Consolidated Revenue Fund of the State or any other public fund of the State except in the manner prescribed by the House of Assembly”.
He emphasized that the presentation of the said Budget Proposal by the Governor to former Majority Leader of the Rivers State House of Assembly (Rt Hon. Edison Ehie and three other Legislators) remains a nullity and of no moment.
On the issue of withholding of assent to the bills passed by the House of Assembly,the group states that both the Governor and the House of Assembly acted lawfully and strictly in line with the provision of section 100 of the 1999 Nigerian Constitution, as amended.
Igbini cited Section 100 (4) of the 1999 Nigerian Constitution, as amended, that allows the Governor, the Choice of either assenting or withholding Assent to any Bill dully passed by the House of Assembly and presented to him for Assent.
” In this instant case, Governor Fubara chose to withhold Assent to the Bill within the constitutionally stipulated thirty days and officially communicated his decision to the House of Assembly as required by this subsection.
“In turn, the House of Assembly acted democratically and constitutionally in line with provision of section 100(5) of the 1999 Nigerian Constitution, as amended, to again pass the Bill into Law with no further Assent of the Governor, required. And the Bills have become Laws of Rivers State 2024 and biding on the Governor and people of Rivers State.
“For avoidance of doubt, this section states that: “Where the Governor withholds assent and the bill is again passed by the House of Assembly by two-thirds majority, the bill shall become law and the assent of the Governor shall not be required.”
VATLAD further clarified that the Governor has not acted in breach of the Laws of Rivers State referred to by the members of Rivers State House of Assembly in the recent appointments of an Acting chairman of Rivers state Local Government Service Commission, Acting Director General, Public Procurement Bureau and Acting Administrator, New Cities Development Authority.
According to Igbini, appointments in acting Capacities pending screening and confirmation of Nominees for substantive appointments are allowed by the Nigerian Constitution and by global best practices. Even in the Legislative Organ of Government, Speaker Pro Tempore, is acting appointment and allowed in Nigeria and globally.
The VATLAD National President added that it would only be in breach of the Laws of Rivers State rightly cited by the House of Assembly if these acting Appointments exceed maximum period of few months without deliberate step taken by the Governor to present these names or other names to the House of Assembly, for screening and confirmation.
The group called on the House of Assembly to amend the relevant sections of Laws of Rivers State relating to appointments into Statutory Commissions, Boards, Agencies, Authorities, etc; to stipulate clearly a maximum period to be allowed for Appointments in acting Capacities, not more than three months
