Benin, Edo, Nigeria – By Oladipo Airenakho.
Governor Adams Oshiomhole of Edo State has urged the Nigeria Bar Association (NBA) to speak out against what he described as many illegalities being perpetrated by the Federal Government for democracy to thrive in the country.
According to him the NBA must find time to speak out not only on the rule of law, but also on political matters without being biased.
The Governor who was speaking at the Government House when the President of the NBA, Barr. Augustine Alegeh led the new leadership of the association on a visit to him, linked the pauperization of state governments to the several alleged illegal deductions being made regularly from the federation account by the Federal Government.
Governor Adams Oshiomhole’s comment came in response to the NBA’s President advice on the obedience of court orders.
“I like to comment on your advice to the obedience of court orders. Even on this, I ask you to confront the issues frontally.
There is a Supreme Court judgment about the status of crude accounts. That account is illegal having regards to sections of the constitution.
The judgment of the Supreme Court was clear; you can’t keep a part of the federation account, the Governor said.
“Crude oil excess is unknown and even the concept of excess is dubious. How can you have excess at a time you are borrowing,” he questioned.
‘’ That pronouncement is there and I want to hear the voice of the Bar on that issue and you can compel the federal government to obey the Supreme Court. When you do that you can come back to us and ask us to do our part,” the Governor tasked the NBA boss.
Not done with the President of the NBA Governor Oshiomhole continued:
“Still talking about the violation, I have had to ask Chief Mike Ozehkome (SAN) to challenge the powers of the Auditor-General of the Federation and the President to make deductions from the federation account because the constitution as we understand it is clear.
All monies must first be distributed. Even the Association of Local Governments of Nigeria (ALGON) has its money deducted from source. This is unknown to the constitution.”
“ALGON is just like the Governor’s Forum. How much we pay and how we maintain the Governors’ Forum is the business of the Governors. It will be ridiculous to ask the Accountant-General of the Federation to make deductions from the federation account to maintain the Governors’ Forum.
There are several such violations which the Bar must attack and speak on the side of the rule of law.”
Governor Oshiomhole further stated: “I am sure you are aware that the Federal Government engages illegally in clear subversion of the letter and the spirit of the constitution, deducted money accruing to local government to give to contractors who have no contract with each of these Local Governments to build so-called Health Centres across the 774 Local Government Areas in the country.”
He wondered how the Federal Government entered into a contract on behalf of Local Governments given the clear language of the constitution and accused members of the Bar, SANS and the Attorney-General of the Federation of aiding and abetting such practice “and we sit here helpless.”
“So, I ask you to find the voice to tell the Federal Government to respect the constitution and to ask the various State Bars to watch out. While the State Bar must monitor what happens in the state, the National Bar must monitor what happens in the Villa,’’ he advised.
On the crisis in the Edo State House of Assembly, Governor Adams Oshiomhole had this to say, “The matter you have raised, I pray that you will carry out your own independent investigation.
If the Edo Bar has not given you all the facts or the facts don’t appear comprehensive, it is to the extent that they have unwittingly made themselves parties to the case in a partisan manner’’.
The Governor said the refusal of some lawmakers to obey valid court orders because their party is ruling at the centre aggravated the State Assembly crisis.
The President of the NBA had earlier on set the ball rolling with this comment when he said, “We believe strongly that democracy can only thrive when there is compliance with court orders.
State Governments should comply with court orders even when they are unpalatable. The proper thing to do is to appeal.
He urged the Governor to ensure that Edo State is a leading light in obedience of court judgements, “a state cannot exist with two parallel legislatures and what we have read in our law is that the House of Assembly which was inaugurated at the inception is the valid House of Assembly.”
