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 there must be clear cut separation of powers between arms of government and one must not 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 in disagreement that any attempt to defeat the ends of justice through the machinery of a court of 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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