Modupe Gbadeyanka
By Modupe Gbadeyanka
On Tuesday, the Lagos State House of Assembly ordered the state government to stop the salaries of the appointees of Governor Babajide Sanwo-Olu, who the parliament has not screened.
At the plenary today, the state’s legislative arm of government said it was wrong for these government appointees to continue in office without due process, as their nominations should have been subjected to screening and confirmation by the House.
The Lagos Assembly, which summoned the Commissioner for Establishment, Mrs Ajibola Ponnle; the Head of Service, Mr Hakeem Muri-Okunola; and the Accountant-General of the State, Mr Abiodun Muritala, directed that the salaries and remunerations enjoyed by the affected appointees must be halted pending their appearances before the House.
In a Matter of Urgent Public Importance brought before the House by the Deputy Majority Leader, Mr Noheem Adams, the lawmakers lamented the increasing situation where supposed nominees of the governor continue to work without being screened and confirmed by the House.
The Speaker of the House, Mr Mudashiru Obasa, who presided at the sitting, agreed with the lawmakers that appointments of that nature without recourse to the parliament amounted to infractions.
“I quite agree with all of you that the failure of such nominees to appear is an infraction or violation of the laws of this House, especially as it relates to the MDAs, most of which were established by the laws of this House,” he said, noting that the House of Assembly has statutory provisions that nominees of the governor must appear for confirmation.
“It is becoming common and regular, and if we fail to act now, it becomes a norm. I share your sentiments that there is a need for us to put a stop to this. I am aware of the development in the Audit Commission; I am aware of the one in the Law Reform Commission and now the Auditor-General and some others,” the Speaker said.
Raising the issue earlier, Mr Adams cited Section 196, subsection 2; Section 198 and Section 126, subsection 3, which give backing to the House of Assembly in respect of nominations by the governor for appointments.
“Section 126, subsection 3 provides that except with the resolution of a State Assembly, no person shall act in the office of the Auditor-General for a state for a period exceeding six months.
“As the chairman of the House Committee on Legislative Compliance, I have observed that some appointments to boards and other agencies were not brought to this noble House. If this persists, the principle of separation of powers will be in jeopardy.
“For example, the Auditor-General was appointed on September 22, 2022, and today is April 11, 2023,” the lawmaker noted, adding that the Auditor-General’s appointment in acting capacity had exceeded what the laws stipulate.
Supporting him was Mr Ademola Kasunmu, who said the stipulations of Section 198 should be strictly adhered to, adding that because such appointments are considered null and void, every remuneration that had gone out should be returned to the coffers of the state.
Speaking on the same matter, Mr Victor Akande observed that the situation happened in the judiciary where an appointment was made without recourse to the House and the due process, as Mr Sa’ad Olumoh lamented that such appointments without regard for the House were becoming too many.
“Separation of power is a doctrine enshrined in the constitution. The executive has the right to nominate people and the House has the responsibility to either confirm or reject such nominations.
“It is not only in the office of the Auditor-General, but I don’t know in what capacity one can act beyond the time limit without recourse to the House,” he said while urging the House to look at the issue holistically so as to put an end to what could cause issues later.
In his contribution, Mr Rotimi Olowo, who noted the difference between nomination and appointment, lamented: “Today, we have a lot of people parading themselves with many names without appearing before this House for clearance. It should not be a padi-padi thing. This is a constitutional matter, and if we do not adhere, we will end up facing the wrought of the people.”
He said it was an infraction to have people who are not cleared by the House receiving salaries, and “I am of the opinion that such money is supposed to be returned to the coffers.”
On his part, Mr Desmond Elliot called on the House to act in a way to curtail any future occurrence, while his colleague, Mr Femi Saheed suggested that “in line with the constitution, anyone acting outside the stipulated time must recourse to the House,” noting that the Head of Service is made to appear before the House to clear himself over the issue.
