Missing Funds: National Assembly must be awake to its constitutional duties

The echoes of missing public funds have recently become a resounding rhythm in the ears of Nigerians. From perceived skewed escapades to narratives of project duplications even within budgetary instruments, the sensations of foul play believed to be mischievous crafts have been brought to notations. It will be apparent that the degree to which Nigerians would highly reach a quick conclusion on the fact that each case is another scheme to defraud the populace will be on a very high pedestal, given the antecedents of the preponderance of theft of public funds prevailing in the administration of  governance in the Country. The preponderance of the menace of theft of public funds in the Country have thus, naturally created a psyche of high level of suspicion which makes adjudging and prejudging every hint of suspected case of identified gap as actual fraud, a popular perception.

Hence, Nigerians have been pushed to the point where it has become difficult for them to disbelieve any explanation following a flag of perceived whistle blowing over suspected financial lacuna. The tendency to ignore any of such explanation coming thereafter in response to such identified lacuna has become a common among Nigerians. The psyche appears to have been thickened and solidified with the orientation of a quick summation to round-up and approximate every of such suspected case of fraud of public funds to a reality, even before it is proven and established by a probe.

The nature of probe, trial, and prosecution of suspected cases of theft of public funds with headless outcomes, has over the years, made it difficult for Nigerians to pose trust in the prevailing system. The apparent headless motion and atmosphere created around such probes have built the footings of doubt in the minds of Nigerians, such that considering the established structures of such investigations and adjudication processes as reliable has become a facade.

While the saga of alleged fraudulent schemes within public executive offices from Ministeries, Departments and Agencies (MDAs) of Government have been taking resounding turn with reoccurring disclosures, it is apparent that the phenomenon of fraud of public funds is not limited to that arm of Government. It appears to be a transcalent menace among the arms of government in the Country. Recently, the reports of the identified 316 duplications of projects in the 2021 budget to the tune of N39.5billion had attracted streams of reactions. It would be recalled that the scheme which emanated from executive proposals as appropriation bill was presented to the National Assembly as the legislative arm for scrutiny as provided by the constitutional architectures. It is therefore, saddening that such gaps were left unattended to by the legislative organ which is meant to carry out oversight function over the Executive arm according to the dictates of the principles of separation and balance of power which remain core tenets in the operations of the practice of democracy.

Recently, a toll on the National Assembly over alleged missing funds within its own jurisdiction is taking turn. The allegations of the missing public fund to the tune of N4.1 billion  budgeted for the National Assembly as documented in the 2016 audited report by the Office of the Auditor-General of the Federation, has attracted calls from various angles on the leadership of the Legislative body to constitute a probe. On its part, the Socio-Economic Rights and Accountability Project (SERAP) has called on the Senate President, Dr. Ahmad Lawan, and Speaker of House of Representatives, Mr. Femi Gbajabiamila to set the grounds for a probe as contained in a letter dated May 15, 2021 and signed its Deputy Director, Kolawole Oluwadare. SERAP had stated that the allegations were not part of the disclosure by the Auditor-General in other audited reports that N4.4 billion of National Assembly money was missing, misappropriated, diverted or stolen. The civil rights organisation had enjoined the leadership of the National Assembly “to identify the lawmakers and staff members suspected to be involved, and hand them over to appropriate anti-corruption agencies to face prosecution, if there is sufficient admissible evidence, and to ensure full recovery of any missing public funds.”

The letter had read partly: “As part of its legislative and oversight functions, the National Assembly has a key role to play in the fight against corruption in the country. But little can be achieved by the legislative body in the anti-corruption fight if the leadership and members do not first confront the spectre of alleged corruption and mismanagement within their ranks. Ensuring the effective investigation of these fresh allegations, and full recovery of any missing public funds would strengthen the country’s accountability framework, and show that the National Assembly can discharge its constitutional responsibility of amplifying the voices of Nigerians. It will also show that the body is acting in the best interest of the people. SERAP is concerned that allegations of corruption continue to undermine economic development, violate social justice, and destroy trust in economic, social, and political institutions. Nigerians bear the heavy economic and social costs of corruption. The National Assembly therefore has a responsibility to curb it.

“According to the Auditor-General Report for 2016, N4,144,706,602.68 of National Assembly money is missing, diverted or stolen. The National Assembly paid some contractors N417,312,538.79 without any documents. The Auditor-General wants the Clerk to the National Assembly to ‘recover the amount in question from the contractors. The National Assembly reportedly spent N625,000,000.00 through its Constitution Review Committee between March and June 2016 but without any document. The Auditor-General wants the Clerk to the National Assembly to ‘recover the amount from the Committee and furnish evidence of recovery for verification. The National Assembly also reportedly spent N66,713,355.08 as ‘personnel cost’ but ‘the payees in the Cashbook did not correspond with those in the Bank Statement’. The Auditor-General wants ‘the irregular expenditure recovered from the officer who approved the payments,” among others. Addressing the allegations would improve public confidence and trust in the ability of the National Assembly to exercise its constitutional and oversight responsibilities, and to adhere to the highest standards of integrity.”

It is apparent that the National Assembly is sleeping from its pristine duty expected of it, according to the demands from the institution required under a well structured democratic system where checks and balances among the organs of government is meant to be highly profound to distinguish the system from an absolutist government where absolute and unchecked power corrupt absolutely and flagrantly. One essential need for such institutions as the Legislature and the Judiciary, is to put the Executive to check rather than to fixture as rubber stamps. Where the Legislature has become a rubber stamp of the Executive, defiles the principles of separation of power and check and balances which are structures put in place under a democratic system to foreclose every possibility of deficient and flagrant violation of expected order and sanity. The division of powers in this regard is mostly expected to bring governance to the limelight of efficaciousness, effectiveness and virility where gaps from one end are firmly scrutinised and identified for the concerned authorities to effect proper administrative corrections.

The apparent slackness of the National Assembly to expose and put the Executive on its toes is giving stronger expression to the reputation of the institution as a mere rubber stamp of the Executive, against its constitutional role of standing at the vanguard of performing impeccable oversight function on the activities of the latter.

Bringing the narrative of the alleged missing funds to the door of the National Assembly itself, is an embarrassment on the institution which is meant to be at the height of oversight and scrutinising duties without blemishes. It is thus, a note of reference that the National Assembly needs to rise from its dozing posture and put its house in order towards the height of virility where it can put the Executive to check with impeccable records as its constitutional duties demand. It is daunting that under such atmosphere where financial gaps are taking toll on the National Assembly, it becomes difficult for it to call the Executive to order. Hence, it is imperative for the National Assembly  to probe and provide explanations over the alleged missing funds and beyond that, put its house in order to stand at an unquestionable position to put the Executive on its toes through firm oversight function which is primely essential to heal the bleeding state of governance in the Country.