The budget padding scandal in the National Assembly has continued to elicit reactions within the polity, including civil society groups who demand thorough investigation by anti-graft agencies, Senior Correspondent, ONYEWUCHI OJINNAKA, writes.
In saner climes, the parliament is the eye and voice of the electorate. But those who people Apo legislative quarters in Abuja seem to be giving the parliament a different definition.
Consequent upon the allegation by erstwhile chairman of the House of Representatives Committee on Appropriation, Abdulmunin Jibrin, that Speaker Yakubu Dogara and three other principal officers of the House padded the 2016 budget to the tune of N481 billion and included N100 billion on constituency projects, contrary to the provisions of 1999 constitution, civil society groups have decried the scandal, and called the UN Special Rapporteur on Extreme Poverty and Human Rights, Professor Philip Alston to use his good offices and position to urgently request the leadership of the House of Representatives of Nigeria to explain to Nigerians the alleged deliberate padding of the 2016 budget with N481 billion; removal of essential projects and replacement of such projects with constituency projects, which have not only undermined the fight against corruption in the country but also increased extreme poverty and violations of internationally recognised human rights.
The groups also call on the ICPC, Code of Conduct Bureau and other related statutory bodies to undertake further inquest into the allegations with a view to carrying out in-depth and vigorous investigations within the framework of their enabling laws to get to the root of the matter and bring culprits to book where possible, to serve as a deterrent for the future. The groups are doubtful if the NASS could summon the required courage to investigate herself and sanction errant members and bring such people to book.
CISLAC Reacts
Reacting to the budget padding, one of the CSOs, Civil Legislative Advocacy Centre (CISLAC), charged the National Assembly to come out clean on the various scandals which have continued to bedevil and distract her and continues to dent her image in the estimation of citizens.
In an email interview with TheNiche, CISLAC’s Executive Director, Auwal Ibrahim Musa (Rafsanjani) views the recent revelations by the erstwhile Chairman of the Appropriation Committee of the House of Representatives as further exposure of the institutional fraud that has characterised the NASS over the years.
“We note that such practices have been going on for a long time as the NASS has been known in the past. And in addition to padding the budget at the point of defence, made dubious inclusions of Constituency Projects, and as well, demanded and received inducement for sectorial allocation. They are also known to have, at some time, allegedly received or demanded for gratifications in exchange for ministerial confirmation and extorted money from MDAs under the guise of oversight functions”.
“We find these allegations coming at a time when issues of Senate Rules forgeries are still on-going as one scandal too many trailing the legislative arm and endangering integrity, confidence and honour that is crucial for the legislature to perform and deepen our democracy. The reference to occupants as honourable and distinguished is gradually becoming a mere appellation that is stripped of the attendant respect”, Musa Rafsanjani remarked.
CISLAC expressed its disappointment at the belated revelations and allegations made by the ousted Chairman, saying that it became an afterthought and renditions from a disgruntled and outplayed lawmaker who was at the forefront of defending the House when the allegations of budget padding were first made. His belated revelations and allegations calls to question his credibility, patriotism and loyalty to the Nigerian people who remained silent when he had the opportunity to blow the whistle and now only speaks because he has lost out from benefiting from the process.
“We find the practice of Constituency Projects unnecessary, in conflict with the principle of Separation of Powers and a channel for legislative corruption and distraction which can be avoided by simply strengthening relevant institutions and systems for project implementation and service delivery”.
The group recalls that, in spite of repeated promises and express commitments from the President of the Senate and Chairman of the NASS to disclose the details of the budget of the Legislature, Nigerians are yet to have access to the information.
“We find it ironic that elected representatives are unwilling to make information on how funds appropriated from tax payers’ money are allocated and spent, are made available to the citizens who elected them into office.
“We note that these events are a product of failed recruitment process and flawed party processes that have resulted in the emergence of leaders who are unprepared to undertake the challenging art of governance in a diverse environment”
CISLAC expressed that such fraudulent occurrences in the budget processes have been made possible because the nation has abandoned the practice of developing viable Rolling Plans to underpin the budget process and the zero-budget approach. The Medium Term Economic Framework (MTEF) process envisaged under the Fiscal Responsibility Act 2007 have become either ineffective or completely collapsed, creating the loophole for corrupt practices.
It demanded that the National Assembly should take advantage of this latest revelation to undertake self-introspection and urgently rise up to cleanse itself and make efforts to redeem its image and reputation which is presently at its lowest ebb. It further demanded NASS to revisit the issue of having members adhere to the Code of Conduct for members as a means of self-regulation of behaviour within their ranks. CISLAC reminds them that the NASS is a major symbol of democracy and as representatives of the people, they should lead by example.
Moreover, CISLAC demands for an independent audit of all previous Constituency Project allocations and expenditure to determine impact and value for money as a means of accountability to the Nigerian people.
“We call on the NASS to disclose the details of her budget as promised, intensify capacity building for her members on the budget process and quickly pass the NABRO bill into law to provide professional support for the NASS on budget issues. They should introduce a framework for Constituency Accountability for public participation, work with the executive arm to establish a participatory budgetary process based on actual needs assessment and citizens’ input”, the group seeks.
ZCC Too
Also reacting to the alleged budget padding, Zero Corruption Coalition (ZCC) put fresh facts before the public concerning what budget padding is, its implications for larger society and that such is a fiscal crime against a country and humanity.
In an email interview with ZCC executive director, Adekunle Lukman, he described budget padding as a systemic disease which works like a contagious virus, has capacity to sully MDA’s expenditure plans and records through procurement maneuverings, data mutilation, audit fragmentation, which affects every citizen. Secondly, it eats up scarce resources, causes syphoning and diversion of resources and poor implementation of appropriation plans.
“Budget padding is different from “legislative privileges” of nominating constituency projects into the national budget. No one should try to use advocacy jargons to mislead the public. Covetous hypocrisy is a form of corruption” he stressed.
Adekunle said budget padding spreads through fiscal lifelines, assisting individuals and agencies responsible for this malfeasances to hijack budget envelopes, distorting expenditure-plans and cost templates, thereby frustrating the core elements of MDAs’ fiscal architecture and projections within the Medium Term Sector Strategies as encapsulated in the Fiscal Responsibility Act, the very law, passed by Nigeria’s National Assembly. He regretted that such fiscal materials are abused through shrewd expenditure line which has put the lives of millions of ordinary citizens in perpetual sufferings, rather than the expected democratic redemption.
According to him, when padding takes place, automatically, several line items have their original cost ballooning beyond actual cost within the MDA’s expenditure plan. Several mutilations take place, leading to sundry “genuine” projects being inserted, irrespective of whether such “projects” were subjected to sectoral strategy cost or not. Obliquely, when such padded items are signed on as national appropriation by Mr. President, the burden of cash for line items are then passed to respective MDAs, who are compelled, bullied and mandated to award jobs for such padded items, be it; consultancy, services or supplies.
He urged Nigerians and patriots within the National Assembly to unite and not miss this opportunity of using the embarrassing budget padding scandal in the House of Representatives to demand total overhaul of the entire budgetary processes, breaking undemocratic secrecy vis a vis inclusion and alignment of interests of a few persons within the legislature.
“We urge the Executive Arm of government to conduct a pre/post submission situational analysis on the 2016 Appropriation Act. Such will help to identify actual projections submitted, credible constituency projects included and the padded items in question”.
“If the budget processes are not reformed, transformed, opened up, re-jigged, made inclusive and all-embracing for the interests of citizens, whose sense of participation have been ignited through this scam, then the opportunity of redeeming the budget process by our democratic generation is gone” Adekunle cautioned.
He submitted that Anti-corruption agencies must be allowed to do their work concerning the scam in question, noting that the matter involves billions of naira and some actor’s political future depends largely on it, hence, the thoroughness that the investigation demands cannot be underplayed. He urged Nigerians to keep their eyes open because there may be attempts to compromise investigators.
“President Muhammadu Buhari should spare no stone in demanding a thorough investigation. This is not about the independence of any arm of government; after all, Mr. President may have signed a compromised budget document against his wish “for Nigeria to move forward”, ZCC boss expressed.
SERAP’s Position
The Socio-Economic Rights and Accountability Project (SERAP) considers the alleged budget padding, diversion of public funds and abuse of office by the leadership of the House of Representatives as amounting to a deliberate retrogressive action, which cannot be justified by reference to the totality of internationally recognised human rights, and in the context of the obligation to fully use the maximum available resources to fulfil and ensure the enjoyment of those rights.
TheNiche gathered that SERAP’s Executive Director Adetokunbo Mumuni petitioned the UN Special Rapporteur and copied Mr Zeid Ra’ad Al Hussein, UN High Commissioner for Human Rights; the Conference of States Parties to the UN Convention against Corruption and the Inter-Parliamentary Union. SERAP was concerned that the alleged corrupt budget process in the House of Representatives in the context of an economy already weakened by years of large scale corruption will jeopardise sustainable development and hurt ordinary Nigerians who rely on the government to provide basic necessities of life such as water, good roads and electricity.
SERAP expressed its serious concern about lack of transparency and accountability of the National Assembly, which is inconsistent with the behaviour of an institution that is constitutionally mandated to make laws for the peace, order and good governance of Nigeria. The body stressed that this lack of accountability partly explains why ordinary Nigerians do not trust the National Assembly and its ability to make laws for the peace, order and good governance of Nigeria, and to curb corruption within its system.
It posited that the longstanding practice of constituency projects by the National Assembly and the corresponding alleged diversion of public funds have continued to systematically drain the country’s “maximum available resources”, precipitating poverty, and economic crisis which inevitably magnify dispossession, hunger, disease, illiteracy, and insecurity.
“Alleged budget padding and abuse of office by the leadership of the House of Representatives in particular and the National Assembly in general have uneven consequences against the vulnerable groups of the society, including the poor, women and children, perpetrating and institutionalising discrimination. By allegedly exploiting public funds for the personal gain of leaders rather than socio-economic development of the country, constituency projects jeopardise the needs and well-being of future generations as well”, SERAP lamented.
According to Mumuni, SERAP was perturbed that in the process of alleged budget padding, the leadership of the House of Representatives will remove key projects such as roads, electricity and/or drastically reduce their costs. These projects ordinarily would have contributed to reducing the effects and consequences of poverty in the country while also enhancing respect for human rights.
“We believe that the allegations that the leadership of the House of Representatives worked to abuse the budget process to benefit themselves at the expense of the majority of Nigerians is a fundamental breach of constitutional oath and the International Covenant on Economic, Social and Cultural Rights to which Nigeria is a state party, which requires states to use their maximum available resources to promote and secure the enjoyment of basic economic and social rights such as the rights to food, to healthcare, access to quality education and adequate standards of living.”
In view of the seriousness of the allegation, SERAP has urged the Special Rapporteur to publicly express concern about the allegations of budget padding, diversion of public funds and abuse of office by the leadership of the House of Representatives; put pressure on the leadership of the House of Representatives to allow for independent and transparent investigation of the allegations of budget padding, diversion of public funds and abuse of office.
CNSD calls for Jibrin’s prosecution
Meanwhile, the Civil Nigeria Society Desk, has called for the immediate prosecution of the Jibrin.
The group, in a statement signed by its national co-ordinatoor and secretary, Emeh Friday Eleojo and Zeb Obioma, respectively, alleged that the former House Committee chairman violated a very important portion of the rules guiding the code of conduct of the members and business of the National Assembly – whether in the Senate or in the legislature.
The group insisted that Jibrin’s actions amounted to betrayal of trust, backstab, indiscipline, and total disregard of the high values which Nigerians and the Constitution placed on those elected as members of the Nigerian legislature.
They regretted that the position of the APC leadership not to sanction Jibrin was in bad taste, “because the Speaker, ab initio, had nothing to worry about. It is Jibrin that should have all the worry to do.
He should bear the consequences of his greed and indiscipline. He could not have been ignorant of what he was doing when he almost threw the nation into chaos; with intent to embarrass the executive.”
