By 27/03/2012
The Nigerian legislature has had a checkered history. As an institution it was the worst casualty during the several coup d’état that plagued our country. Understandably, the constructive engagement required for law making in a constitutional democracy does not fit into the military fiat. And so when our current democratic enterprise started in 1999, the legislators as well their administrators, had no recent experience to fall on. But unlike the legislature, the executive and the judiciary arms of government operated during those years of military aberration.
This inexperience, perhaps, explains the storm that greeted the legislative arm as they learned the ropes in 1999. As their leaders rose and fell unabatedly, substantially over lucre, a new political lexicology, ‘the banana peal’ was invented. As the late Senate President Chuba Okadigbo, famously quipped in response to what he considered obtrusive enquiry over the Senators’ common welfare, “I have not come to Abuja to spread poverty”. It is to his credit that he lived well as a Senator, but many believe that his death may have been associated with the desperation among the front contenders for Abuja’s good things of life.
One thing common is that all Senators and Representatives want to live well. And to seek to live well is fair enough. But as our legislature advanced in age since 1999, so have their appetite for the good things of life increased, some will say astronomically. The first scandal was the famous furniture allowance; a euphemism for an insistence to take an unearned sizeable chunk of the proverbial national cake. Then Nigerians protested, and the legislators stonewalled, while executive relished the comparative advantage.
But as the Legislature matured in age, so did their daring capacity. And so they were able to contain the later rambunctious years of President Obasanjo as everybody dealed and wheeled. Now with President Goodluck Ebele ‘Azikiwe’ Jonathan (apologies to Prof Dora Akunyili) permanently grafted on the wings of the Senate President David Mark; in appreciation for his support during the late President Yar’Adua’s crisis days; the national assembly has grown to full maturity within 13 years. Of course the multi personality syndrome associated with this rapid transmutation to maturity has continuously hampered their ability to act maturely. They have become like a child trapped in the gait of an adult.
Managing this young-adult delinquent has become the burden of Nigerians; as members of the national assembly remain unaccountable to the constitution and not beholden to any executive impudence in matters of money? As for the courts, the obsequiousness to the antiquity of unduly restrictive locus standi, is enough reason not to poke nose. So, we now have a Frankenstein monster as a national legislature; ordinarily, men and women of honour, but who upon their admittance into the legislative coven are overtaken by the spirit of pilfering. They cheerfully participate in stealing, and live the illusion that as law makers, all their conducts are lawful.
For the avoidance of doubt, Section 70 of the 1999 constitution as amended unequivocally provides:
“a member of the Senate or the House of Representative SHALL receive such salary and OTHER ALLOWANCES as the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) may determine” (emphasis mine).
Also the Third Schedule, Part 1 N, section 32 (d) of the constitution also provides:
“the Commission (RMAFC) shall have power to – determine the remuneration appropriate for political office holders, including … LEGISLATORS …” (emphasis mine).
I guess the idea behind Section 70 of the constitution is to re-emphasis for fundamental clarity that the legislators must never hide under their constitutional powers over money bills to gift themselves as much of the commonwealth as they may fancy. Unfortunately, despite the general provisions in the Third schedule Part 1 N, section 32 (d) aforementioned, and the more gregarious provision in section 70 of the constitution, members of our National Assembly have dug in and are appropriating to themselves as much of our common resources as they fancy. Currently, the senators have appropriated to themselves, albeit unconstitutionally, something in the range of N42 million per quarter; while the Representatives are somewhere around N27 million per quarter, as mere ALLOWANCES, different from the legitimate RMAFC’s approved income.
My hope is that Nigerians despite the wily issue of locus standi will approach the courts to determine principally the following question and seek a declaratory order:
1.Whether a member of the Senate or the House of Representatives is entitled to receive such salary and other allowances that has not been determined by the Revenue Mobilisation Allocation and Fiscal Commission in accordance with the provisions of section 70 and section 32(d) of Part 1 N of the Third Schedule to the 1999 constitution of the Federal Republic of Nigeria as amended.
2.A declaration that any salary and/or other allowances that has not been determined by the Revenue Mobilisation Allocation and Fiscal Commission in accordance with the provisions of the constitution is unlawful, illegal and a desecration of the 1999 constitution of the Federal Republic of Nigeria as amended.
Of course, the Plaintiff would have to pray for a courageous Judge in the mold of the distinguished Supreme Court Justices of Chukwudifu Oputa or Kayode Esho’s era. I have no doubt that if a Judge will be bold and innovative to grant a litigant, the right of standing to challenge the unconstitutional conduct of the National Assembly, most of them will go bankrupt when asked to refund their loot, since they squander the illicit gains as it comes.
SOURCE: The Nation, 27 March 2012. http://www.thenationonlineng.net
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