The Leader of the House of Representatives, Femi Gbajabiamila, said on Sunday that the National Assembly had no legal authority to query state governments on how they chose to spend their money.
Gbajabiamila, a member of the ruling All Progressives Congress from Lagos State, stated this position in an email to The PUNCH.
He said the authority to query the expenditure of states resided in the state Houses of Assembly.
He also noted that so long as the legality or otherwise of the controversial Excess Crude Account had yet to be decided by the courts, the ECA would remain in operation as a property of the three tiers of government.
Gbajabiamila, a lawyer, argued that if state governors, being co-owners of the ECA, decided that their share should be used to prosecute the war against Boko Haram, it was not within the powers of the National Assembly to question them.
He said: “It is important that the legality of the withdrawal of $1 billion from the ECA is properly understood.
“The ECA, I have always maintained, is an illegal account and I instituted a court action against it during (President Goodluck) Jonathan’s administration.
“Unfortunately, until a final decision has been made by the courts, the account is still operative.
“There is a clear misunderstanding of the powers of the National Assembly over public funds and the limitations.
“The National Assembly only has power of appropriation over funds belonging to the Federal Government. The ECA does not belong to the Federal Government but to the three tiers of government.
“The National Assembly cannot query how the states decide to spend their money. The only institution that can query this is the state assembly.
“Where the governors have decided to ‘donate’ some of their funds from the ECA to fight Boko Haram, their state assemblies can kick against it that such was not appropriated by them. I do agree that due process wasn’t followed by the governors, as they should have sought the approval of their state assemblies before the donation.
“It is, however, not for the National Assembly to complain on behalf of the state assemblies. This is part of the principle of separation of powers in a constitutional democracy. The National Assembly can only discuss the portion of the Federal Government’s money spent, if any.”
The House leader also backed the Governor of Ekiti State, Ayodele Fayose, and any other governor who opposed the $1 billion withdrawal on the grounds that he would not allow his state’s portion to be deducted.
He added: “On whether governor Fayose or any other governor has a right to kick, I believe he does. No matter how inappropriate, if he does not accede to the request or deduction from his state’s portion, there is no amount of consensus that can bind him as postulated by the Chairman of the Governors’ Forum.
“This is because such a portion belongs to his state and not to the governors’ forum. So he may be entitled to a refund.
“This is my position on the legality of the withdrawal of $1 billion from the ECA.”
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