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Edo State Governor, Senator Monday Okpebholo, has signed into law amended legislation governing the management of funds of the Edo State House of Assembly and the state judiciary.
The governor assented to the Edo House of Assembly Funds Management Bill 2023 and the State Judiciary Financial Autonomy 2023 Amendment Bill on Monday at the Government House, Benin City, shortly after the House of Assembly passed the amendments.
Okpebholo signed the laws while receiving the Speaker of the Assembly, Hon. Yekini Idiaye, and commended the lawmakers for what he described as the swift resolution of the controversy surrounding the legislation.
In a statement by his Chief Press Secretary, Dr Patrick Ebojele, the governor said the three arms of government had distinct constitutional responsibilities and should operate within their respective mandates.
“I am, indeed, delighted because this has become like a controversial law, I must confess to you,” Okpebholo was quoted as saying.
He said the executive was responsible for administration and implementation, the legislature for lawmaking and oversight, while the judiciary was responsible for interpreting laws and administering justice.
“For me, deviating from these is totally out of the field of play, changing the goal post. I saw danger in it and the way things were going,” he said.
The governor expressed concern that funds allocated for capital projects were not sufficiently translating into projects that directly benefited residents, stressing that infrastructure remained one of the most visible ways government could improve people’s lives.
He commended the lawmakers for what he described as standing by the people and supporting the development of the state.
Speaker: Autonomy not removed
Explaining the amendment, Idiaye said the legislation did not remove the financial autonomy of the House of Assembly or the judiciary, but changed the arrangement for managing capital funds.
He said recurrent expenditure would continue to go directly to the Assembly and judiciary, while the amendment dealt specifically with the capital component.
“It is the capital part of the funds that has issues. It was badly abused,” the Speaker said.
According to Idiaye, under the amended arrangement, the Assembly and judiciary would submit proposals for capital projects to the executive for approval, with the capital component subsequently handled through the appropriation process.
He said the arrangement was intended to prevent further abuse of capital funds.
“The autonomy is still in place, there is no fear on any side, and the unions should not have any fear,” Idiaye said, adding that workers’ salaries would not be affected by the amendment.
Financial autonomy question
The amendment, however, raises a broader constitutional question over the practical meaning of financial autonomy where capital funds are concerned.
Section 121(3) of the 1999 Constitution, as amended, provides for amounts standing to the credit of the State House of Assembly and judiciary in the Consolidated Revenue Fund to be paid directly to the relevant institutions.
The Speaker maintained that the new law preserves the institutions’ financial autonomy because recurrent funds would remain directly available to the two arms of government.
However, the requirement that proposals for capital projects pass through the executive for approval before the funds are accessed could raise questions about the extent to which the legislature and judiciary retain independent control over their capital expenditure.
The issue is particularly significant because financial autonomy is intended to strengthen the institutional independence of the legislature and judiciary and prevent excessive financial dependence on the executive.
The Edo State APC Chairman, Jarrett Tenebe, has defended the amendment, arguing that the legislature should make appropriations but should not also execute them, as doing both could undermine checks and balances.
The constitutional validity and practical effect of the new arrangement, however, remain open to legal interpretation.
Financial autonomy for State Houses of Assembly and the judiciary has been a longstanding issue in Nigeria’s constitutional and governance debates.
The Fifth Alteration to the 1999 Constitution strengthened the framework for financial independence by providing for direct payment of funds standing to the credit of the legislature and judiciary from the state’s Consolidated Revenue Fund.
Against that background, the Edo amendments have attracted attention because, while the state government and Assembly say they preserve financial autonomy and seek only to address alleged abuse of capital funds, the requirement for executive involvement in capital-project approvals has raised questions about the practical extent of that autonomy.
