$1bn B’haram fund: Reps leader says N’Assembly lacks power over ECA, PDP tackles FG

Gbajabiamila, a member of the ruling All Progressives Congress from Lagos State, stated that 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 was reacting to the decision of the National Economic Council to withdraw $1bn from the ECA to fund the war against Boko Haram. Gbajabiamila explained that the power of the National Assembly to appropriate funds was relevant so long as the money in question belonged to the Federal Government, not when it involved other tiers of government that chose to spend their own money. This was contained in an electronic mail to our reporter in response to enquiries by the newspaper on the $1bn fund appropriated by the states and the Federal Government for the fight against insurgency in the North-East. The Reps Majority Leader stated, “It is important that the legality of the withdrawal of $1bn 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 $1bn 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 $1bn from the ECA.” Meanwhile, the member representing Madagali/Michika Federal Constituency of Adamawa State, Mr. Adamu Kamale, said on Sunday that the decision of the governors had vindicated his strident calls that Boko Haram was still very active in the North-East. Madagali shares common boundaries with Sambisa Forest, the operational headquarters of Boko Haram insurgents. The town has suffered frequent attacks by the insurgents, resulting in loss of lives, raping of women, kidnapping of children and burning of buildings. He stated, “The approval of $1bn by NEC to fight insurgents in the North-East has vindicated my several calls and cries to the Federal Government and the general public on the existence of insurgents in Borno, Adamawa and parts of Yobe states, contrary to the propaganda by the military. “I have raised concerns on the reports given to Mr. President by the Armed Forces, claiming that the insurgents have been decimated. The truth on the ground shows powerful insurgents killing, maiming our people and burning villages serially, day-by-day in the Madagali Local Government Area. “The situation requires the military to step up their campaigns. All Nigerians, irrespective of their locations, need to support intensive measures against the insurgents. It must also be stressed that the Nigerian Army must change its present docile defensive approach to offensive tactics if the war is to be won. “I call on Mr. President to ensure that the required peace is achieved with the present resources at his hand. As for the doubting Thomases, who claim that the approved $1bn is for other uses in disguise, l call on such Nigerians to show patriotism and pray for the region in addition to the money approved for the security operations.”]]>