Honourable Abdullahi Bello, a former Speaker of the Kogi State House of Assembly, also held forte as the acting governor of the state in 2012. In this interview by KUNLE ODEREMI, he recalls how some lawmakers bungled efforts to free state Houses of Assembly from the stranglehold of governors, issues in the debate over financial autonomy granted local government by the Supreme Court, among others. Excerpts:
Reactions to the Supreme Court judgement granting financial autonomy to Local Government seems to be a story of different strokes to different folks. As a former acting governor and Speaker of a state House of Assembly, what are your thoughts on the judgment and the fallouts?
The Supreme Court judgment on Local Government financial autonomy came as a huge relief to our collective well-being. The judgment has tremendously added to the urgently desired healings in the country, especially in the area of practical good governance at the grassroots. The deviations across the federation have been too long and deep, and thus, the Supreme Court has, for the second time in recent memory, rescued the nation from an obvious calamitous situation. Remember that during the currency change saga initiated by the then Central Bank Governor (CBN), Mr Godwin Emefiele, the Supreme Court saved the nation the agony and pain created by the apex bank’s life-threatening policy. This is another critical saving gift from the apex court, in view of our present national circumstances. There has been a complete absence of governance at the third tier of governance in Nigeria, and definitely, this judgment will reverse the unfortunate loss. At least, the local government council areas can now breathe and revert to sustainable grass-roots development as noticed in the past.
There is no consensus among the political elite and professionals, including lawyers on the long and short-term implications of the judgement. What do you envisage as the immediate and not-too immediate implications?
The implications of this judgment are many. The immediate consequences are that the monthly money due to LGAs will henceforth be paid to all the 774 Local Government Councils, including the FCT councils directly. But this must not be done if the current LGA administrators in any of the LGs or councils are not based on a democratic process. Secondly, there is the need for states to conduct local government elections within the next 90 days to guarantee the release of their monthly allocations from the Federation Account, especially in all the states that are currently under the illegal caretaker committees. Thirdly, accountability will be restored at this level of governance. Any elected official, who knowingly or unknowingly, directly or indirectly misuses the funds of the council by sending such money to their governor in any manner whatsoever will have himself to blame. Ignorance is not an excuse before the law. The civil servants at the local governments are not free too, as no abuse of public funds can succeed without their inputs.
Furthermore, there will be available fund for local services at this level of government. This will stimulate local economy with development. Between 2007 and 2011, in some states, local governments constructed roads, bridges and shopping complexes, and paid 100 per cent salaries of their workers. What really went wrong that even after staff screening and reduced staff strength, council workers no longer get paid? They are sometimes paid with unexplained percentage, and, in some cases, they are not even paid their salaries for several months?
One of the numerous implications includes enhancement of security of lives and properties, which is the primary function of government. I recall some instances in the past in states when local councils were heavily involved in security management. Remember that local governments are directly in charge of the vast ungoverned space in Nigeria, and this is where the non-state actors held sway as their safe haven. A well-funded local government council will, therefore, support both state and federal efforts in curbing the scourge of insecurity in their domain. The citizens will have a sense of belonging as the government that is nearest to them has been restored with financial autonomy. Part of the long-term implications is that stability and growth will resurface in our local communities with minimal challenges as ownership of this level of governance has been returned to the people at the grassroots. Quality individuals will be encouraged to seek for public service at the level too and this will contribute immensely to democratic growth.
There are insinuations in certain quarters about political undertone in the process that culminated in the judgement.
Development means many things to different people. Some see development in terms of increasing in size or quality, and or expanding experience. In this instance, development can be seen as the possibility of positive enhancement of our present poor condition in our local government councils across the federation. That is moving from the current devastating stagnation in the area of education, healthcare, small-scale businesses and the overall wellness of our people at this level of our federation in order to avoid a catastrophic consequence of misgovernance. We must change our situation at the local governments by holding firmly to this court judgment to ensure the quick and unbroken provisions of basic human needs, and political reactivation. Governance has shrunk at the third tier in the last 20 years, and to this, we must collectively support the current judicial gains to reverse this otherwise avoidable situation. This is a call to save the nation. The positive results from this resolve, if diligently pursued, will enthrone development in its true sense.
One striking issue, no doubt, in the ongoing national discourse of the judgement borders on implementation. Some persons have expressed fear that governors in particular could try to ambush the LG chairmen because of the curious electoral process that often throws up local council chief executives. Governors usually decide the fate of aspirants for most elective offices from their domains.
Men will always attempt to subvert the law or judgments of court no matter how good such law or judgment might be. The enforcement of this judgment is a collective responsibility of all. The citizens have a role here as those at the grassroots are the ones who can effectively monitor and assist with the level of compliance. Agencies of government like the police, the Economic and Financial Crime Commission (EFCC), the Independent Corrupt Practice and Other Related Offences Commission (ICPC), Code of Conduct Bureau and the courts have a great role to play too. The role of non-governmental organizations, civil society groups and others are germane at this moment. Leaving the politicians like me to manage resources without oversight by the people and/or through the civil society groups at the state and Local Government level does not help in the fight against corruption.
Since 1999, most of our civil society and human rights groups have substantially lowered their activities and guard, thinking that with civilians in government, everything good has been achieved and that this will continue. The results between 1999 and now have shown otherwise. This judgment is a wake-up call for our citizens, and the rights groups to return to the trenches in defense of democracy.
Vigilance on the part of all of us is fundamental, just as diligence and due process on how resources are dispensed at this level of governance by elected and/or unelected officials are important too. These are the vital building blocks as we navigate the nation’s current perilous situation towards a better and desired direction. We can restore sanity by ensuring that local government officials are kept on their toes; that where infractions do occur, such (alleged) offenders are duly prosecuted and commensurate punishment given to them according to law. A few years ago, I was aware of some elected LG officials in certain states that were sentenced to prison terms by either the EFCC or the ICPC for corruption. Strangely, instead of our institutions like the police, EFCC and ICP charged with going after these deviants gaining strength, they have become so weak that some alleged offenders now refuse to honour their invitations or appear before the court. This should be treated as a complete disobedience, a trend I consider dangerous and amount to a direct threat to the sovereignty of the nation that must be addressed firmly.
Nonetheless, I›m very optimistic that the apex court judgment, ideally, should stir a paradigm shift in the manner we handle governance at all levels. Other steps that are required going forward include the manner that local government elections are conducted. This should be looked into. The recruitment process at all levels of our political activities should be addressed too. Governance has its purposes, and sadly not many elected individuals have adequate understanding of what exactly is the purpose of governance. We should use the local government councils to train those going up into such areas as state and national legislative houses and other key appointments at the higher levels.
What about the possibility of governors adroitly influencing the process of implementing the judgment granting financial autonomy to LGs?
It is not impossible. Human beings, especially Nigerians, are quick to look for loopholes where lacuna may exist in any given situation in order to make personal gains. This, in my view, is the genesis of our corrupt attitude that has become a national culture. Most Nigerians will ignore the law for personal benefits against the interest of the state and the general public. This is a predicament that we must jointly assist the government at the centre to defeat. We must let go of emotions and sentiments when infractions are committed; let us see and treat the offending person as a threat to our collective well-being. Those infractions generate poverty with the attendant hardship, as the human setbacks do not respect religion, ethnicity or political affiliations.
As a former speaker of the Kogi Assembly, you are bound to have privileged information on why state assemblies fail to live up to their responsibility on oversight, checks and balance vis-à-vis the executive personified by governors….
The way and manner most of the state legislators get to office contributes a lot to their obvious incapacity. The “powerful” governors select who comes to all levels of representation, including the state Assembly. Some members are so poor intellectually that throughout their four-year tenure, they will not say a word. Even some highly trained ones, having been beaten by poverty, will compromise on all things, including denying themselves of financial freedom. Recall that sometime in 2010, the National Assembly attempted to alter the 1999 Constitution (as amended) in respect of financial autonomy to state assemblies, and we got the required vote across the country to effect this change only for one Assembly Speaker from the North-West to travel down to the Senate Chamber to change their previous “Yes” to “No!” This was how we lost financial autonomy during that period in history. If the state assembly can surrender their freedom for pittance, doing so in respect of the local government is a minor issue. We will still need to revisit the manner in which we recruit political leadership. We must look into our conduct. Finally, attitude and not aptitude determines one’s altitude. I want to personally thank President Bola Tinubu for this great courage, and that, at least when money gets to the local level, the current hunger and insecurity will be reduced.to the urgently desired healings in the country, especially in the area of practical good governance at the grassroots. The deviations across the federation have been too long and deep, and thus, the Supreme Court has, for the second time in recent memory, rescued the nation from an obvious calamitous situation. Remember that during the currency change saga initiated by the then Central Bank Governor (CBN), Mr Godwin Emefiele, the Supreme Court saved the nation the agony and pain created by the apex bank’s life-threatening policy. This is another critical saving gift from the apex court, in view of our present national circumstances. There has been a complete absence of governance at the third tier of governance in Nigeria, and definitely, this judgment will reverse the unfortunate loss. At least, the local government council areas can now breathe and revert to sustainable grass-roots development as noticed in the past.
There is no consensus among the political elite and professionals, including lawyers on the long and short-term implications of the judgement. What do you envisage as the immediate and not-too immediate implications?
The implications of this judgment are many. The immediate consequences are that the monthly money due to LGAs will henceforth be paid to all the 774 Local Government Councils, including the FCT councils directly. But this must not be done if the current LGA administrators in any of the LGs or councils are not based on a democratic process. Secondly, there is the need for states to conduct local government elections within the next 90 days to guarantee the release of their monthly allocations from the Federation Account, especially in all the states that are currently under the illegal caretaker committees. Thirdly, accountability will be restored at this level of governance. Any elected official, who knowingly or unknowingly, directly or indirectly misuses the funds of the council by sending such money to their governor in any manner whatsoever will have himself to blame. Ignorance is not an excuse before the law. The civil servants at the local governments are not free too, as no abuse of public funds can succeed without their inputs.
Furthermore, there will be available fund for local services at this level of government. This will stimulate local economy with development. Between 2007 and 2011, in some states, local governments constructed roads, bridges and shopping complexes, and paid 100 per cent salaries of their workers. What really went wrong that even after staff screening and reduced staff strength, council workers no longer get paid? They are sometimes paid with unexplained percentage, and, in some cases, they are not even paid their salaries for several months.
One of the numerous implications includes enhancement of security of lives and properties, which is the primary function of government. I recall some instances in the past in states when local councils were heavily involved in security management. Remember that local governments are directly in charge of the vast ungoverned space in Nigeria, and this is where the non-state actors held sway as their safe haven. A well-funded local government council will, therefore, support both state and federal efforts in curbing the scourge of insecurity in their domain. The citizens will have a sense of belonging as the government that is nearest to them has been restored with financial autonomy. Part of the long-term implications is that stability and growth will resurface in our local communities with minimal challenges as ownership of this level of governance has been returned to the people at the grassroots. Quality individuals will be encouraged to seek public service at the level too and this will contribute immensely to democratic growth.
There are insinuations in certain quarters about political undertone in the process that culminated in the judgment.
Development means many things to different people. Some see development in terms of increasing in size or quality, and or expanding experience. In this instance, development can be seen as the possibility of positive enhancement of our present poor condition in our local government councils across the federation. That is moving from the current devastating stagnation in the area of education, healthcare, small-scale businesses and the overall wellness of our people at this level of our federation in order to avoid a catastrophic consequence of misgovernance. We must change our situation at the local governments by holding firmly to this court judgment to ensure the quick and unbroken provisions of basic human needs, and political reactivation. Governance has shrunk to the third tier in the last 20 years, and to this, we must collectively support the current judicial gains to reverse this otherwise avoidable situation. This is a call to save the nation. The positive results from this resolve, if diligently pursued, will enthrone development in its true sense.
One striking issue, no doubt, in the ongoing national discourse of the judgement borders on implementation. Some persons have expressed fear that governors in particular could try to ambush the LG chairmen because of the curious electoral process that often throws up local council chief executives. Governors usually decide the fate of aspirants for most elective offices from their domains.
Men will always attempt to subvert the law or judgments of court no matter how good such law or judgment might be. The enforcement of this judgment is a collective responsibility of all. The citizens have a role here as those at the grassroots are the ones who can effectively monitor and assist with the level of compliance. Agencies of government like the police, the Economic and Financial Crime Commission (EFCC), the Independent Corrupt Practice and Other Related Offences Commission (ICPC), Code of Conduct Bureau and the courts have a great role to play too. The role of non-governmental organizations, civil society groups and others are germane at this moment. Leaving the politicians like me to manage resources without oversight by the people and/or through the civil society groups at the state and Local Government level does not help in the fight against corruption.
Since 1999, most of our civil society and human rights groups have substantially lowered their activities and guard, thinking that with civilians in government, everything good has been achieved and that this will continue. The results between 1999 and now have shown otherwise. This judgment is a wake-up call for our citizens, and the rights groups to return to the trenches in defense of democracy.
Vigilance on the part of all of us is fundamental, just as diligence and due process on how resources are dispensed at this level of governance by elected and/or unelected officials are important too. These are the vital building blocks as we navigate the nation’s current perilous situation towards a better and desired direction. We can restore sanity by ensuring that local government officials are kept on their toes; that where infractions do occur, such (alleged) offenders are duly prosecuted and commensurate punishment given to them according to law. A few years ago, I was aware of some elected LG officials in certain states that were sentenced to prison terms by either the EFCC or the ICPC for corruption. Strangely, instead of our institutions like the police, EFCC and ICP charged with going after these deviants gaining strength, they have become so weak that some alleged offenders now refuse to honour their invitations or appear before the court. This should be treated as a complete disobedience, a trend I consider dangerous and amount to a direct threat to the sovereignty of the nation that must be addressed firmly.
Nonetheless, I’m very optimistic that the apex court judgment, ideally, should stir a paradigm shift in the manner we handle governance at all levels. Other steps that are required going forward include the manner that local government elections are conducted. This should be looked into. The recruitment process at all levels of our political activities should be addressed too. Governance has its purposes, and sadly not many elected individuals have adequate understanding of what exactly is the purpose of governance. We should use the local government councils to train those going up into such areas as state and national legislative houses and other key appointments at the higher levels.
What about the possibility of governors adroitly influencing the process of implementing the judgment granting financial autonomy to LGs?
It is not impossible. Human beings, especially Nigerians are quick to look for loopholes, where lacuna may exist in any given situation in order to make personal gains. This, in my view, is the genesis of our corrupt attitude that has become a national culture. Most Nigerians will ignore the law for personal benefits against the interest of the state and the general public. This is a predicament that we must jointly assist the government at the centre to defeat. We must let go of emotions and sentiments when infractions are committed; let’s see and treat the offending person as a threat to our collective well-being. Those infractions generate poverty with the attendant hardship, as the human setbacks do not respect religion, ethnicity or political affiliations.
As a former speaker of the Kogi Assembly, you are bound to have privileged information on why state assemblies fail to live up to their responsibility on oversight, checks and balance vis-à-vis the executive personified by governors….
The way and manner most of the state legislators get to office contributes a lot to their obvious incapacity. The “powerful” governors select who comes to all levels of representation, including the state Assembly. Some members are so poor intellectually that throughout their four years’ tenure, they will not say a word. Even some highly trained ones, having been beaten by poverty, will compromise on all things, including denying themselves of financial freedom. Recall that sometime in 2010, the National Assembly attempted to alter the 1999 Constitution (as amended) in respect of financial autonomy to state assemblies, and we got the required vote across the country to effect this change only for one Assembly Speaker from the North-West to travel down to the Senate Chamber to change their previous “Yes” to “No!” This was how we lost financial autonomy during that period in history. If the state assembly can surrender their freedom for pittance, doing so in respect of the local government is a minor issue. We will still need to revisit the manner in which we recruit political leadership. We must look into our conduct. Finally, attitude and not aptitude determines one’s altitude. I want to personally thank President Bola Tinubu for this great courage, and that, at least when money gets to the local level, the current hunger and insecurity will be reduced.
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