Umoru Theophilus
Iko-Ojo Esq
My attention as been rudely drawn to recent events in the
Nigerian state, and most specifically the series of recent
scandalous videos been published appearing to show Governor Umar
Ganduje,the Executive Governor of Kano State, pocketing vast wads
of American dollars in what was said to be bribe payments from
public works contractors.
In the said clips provided by online-based Daily Nigerian and
authenticated by PREMIUM TIMES’ the State governor could be seen
collecting wads of dollars which were said to be “kickbacks” from
contractors doing projects for the kano state government before
rolling them into his white dress, “babanriga,” in one of a series
of questionable deals allegedly struck over a span of several
months. The following events prompted an Investigation by the Kano
State House of Assembly who invited the Kano State Governor to come
and testify.
I have however been gravely alarmed by the audacity of the Kano
state government who have branded such obvious acts of corruption
as “nothing more than the usual” and in fact gone further to
threaten legal actions against the perceived “whistle-blower”,more
shameful is the recent position of respected silk Itse Sagay(SAN),
who quipped that the Kano State House of Assembly is not ”
properly” equipped to investigate the affairs of the Governor but
carry out oversight functions and not investigate state executives.
According to him, ” Oversight functions don’t include that sort of
thing. Oversight functions only involve monies that have been
approved in their budget and then oversight is done on how such
monies that were approved which have gone through the budget system
are being expended.
“That is where their oversight functions are limited to. This
allegation is about somebody from outside giving the governor some
money. It is not part of the House of Assembly’s
responsibilities.”
Respectfully,I totally disagree with the above position of the
Most Respected Silk.
The House of Assembly of the various states in Nigeria is
clothed with wide powers of investigation as provided in the 1999,
Constitution of the Federal Republic of Nigeria and by virtue of
Section 128 (1) Subject to the provisions of this Constitution, a
House of Assembly shall have power by resolution published in its
journal or in the Office Gazette of the Government of the State to
direct or cause to be directed an inquiry or investigation into
–
(a) any matter or thing with respect to which it has power to
make laws; and
(b) the conduct of affairs of any person, authority, ministry or
government department charged, or intended to be charged, with the
duty of or responsibility for –
(i) executing or administering laws enacted by that House of
Assembly, and
(ii) disbursing or administering moneys appropriated or to be
appropriated by such House.
(2) The powers conferred on a House of Assembly under the
provisions of this section are exercisable only for the purpose of
enabling the House to –
(a) make laws with respect to any matter within its legislative
competence and correct any defects in existing laws; and
(b) expose corruption, inefficiency of waste in the execution or
administration of laws within its legislative competence and in the
disbursement or administration of funds appropriated by it.
129. (1) For the purposes of any investigation under section 128
of this Constitution, and subject to the provisions thereof, a
House of Assembly or a committee appointed in accordance with
section 103 of this Constitution shall have power to –
(a) procure all such evidence, written or oral, direct or
circumstantial, as it may think necessary or desirable, and examine
all persons as witnesses whose evidence may be material or relevant
to the subject matter;
(b) require such evidence to be given on oath;
(c) summon any person in Nigeria to give evidence at any place or
produce any document or other thing in his possession or under his
control, and examine him as a witness and require him to produce
any document or other thing in his possession or under his control,
subject to all just exceptions; and
(d) issue a warrant to compel the attendance of any person who,
after having been summoned to attend, fails, refuses or neglects to
do so and does not excuse such failure, refusal or neglect to the
satisfaction of the House of Assembly or the committee, and order
him to pay all costs which may have been occasioned in compelling
his attendance or by reason of his failure, refusal or neglect to
obey the summons and also to impose such fine as may be prescribed
for any such failure, refusal or neglect; and any fine so imposed
shall be recoverable in the same manner as a fine imposed by a
court of law.
(2) A summons or warrant issued under this section may be served or
executed by any member of the Nigeria Police Force or by any person
authorised in that behalf by the Speaker of the House of Assembly
of the State.
By virtue of this position, the House of Assembly of various
states are clothed with ample powers to investigate the affairs of
the executives, and without mincing words expose corruption! Though
the golden tenants of separation of power preaches that the most be
clear cut separation of powers between arms of government and one
must interfere with the other yet arms of government must not act
as “water tight compartments’ , but rather serve as a check on the
affairs of each other. I am also aware of the recent suit by Barr
Mohammed Zubair, the National Coordinator of Lawyers for
Sustainable Democracy in Nigeria seeking to stop the investigations
of Governor.Abdullahi Ganduje, by the Kano State House of Assembly
at the Kano State High Court,while I respect the recent order of
His Lordship that parties should maintain status quo,i respectfully
submit im disagreement that any attempt to defeat the ends of
justice through the machinery of a court law must be discouraged by
the Courts of the land and on no occasion must our court stop
investigations into an alleged corruption indictment on any
individual be he so powerful!
Despite being jealously clothed with immunity by virtue of
Section 308 of the Nigerian Constitution , the Kano State Governor
is not so immuned from Investigations.Section 188(10) of the
Constitution also oust the Jurisdiction of our Courts with regards
to proceedings by state houses of Assembly in matters relating to
affairs of an Executive Governor,I again submit with respect that
the court is ONLY clothed with Jurisdiction if the end result of
such investigations doesn’t follow the due process of law.
I submit! Therefore! Let Gov.Abdullahi Ganduje face his accusers
or resign!
Umoru Theophilus Iko-Ojo Esq is a Lagos based
Legal Practitioner.
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