Independent legislature, good for electorate - Ahmad, Kwara Speaker
You have been at the helm of affairs as the Speaker of the Kwara State House of Assembly in the last nine months. How has it been? It has been very challenging. Initially when we were coming, I thought it would be full of bed of roses coming from national to the state but it has been quite challenging because you want to do things perfectly well. We want to leave things better than we met them, so it has been very quite challenging but it is rewarding as well. Kwara State legislature is unique because all the members are from the ruling party in the state, the All Progressive Congress, APC . With that, how have you been able to survive the pressure from the party and from the executive? That is the challenge that we have, the house is an all APC members and then you have the constitution at the back of your mind . That the house is the house of the people and that you are there to check the enormous power the constitution gives to the executive. The executive has enormous powers, so the house is the platform to temper that power . So the governor and the legislators look like a unitary system of government which shouldn’t be the case So the challenge really was to define how you want to operate. And from day one, if you look at my own speech I explained how we are going to go about the legislation and we have been following that . Anybody that is looking at our nine months record will know that Kwara State House of Assembly is an all APC-members but when we have the opposition last time, it wasn't as robust and vibrant as this .
If you check our records, you will see that we have been able to perform our expected constitutional duties very well. Are you saying that the House of Assembly under you has not been a rubber stamp assembly? That you should know if you follow our activities. Even the current budget we effected about 100 corrections. So it is far from being a rubber stamp legislature. Sometimes the challenge that we posed, some people would say eh , this is unusual. But it is not being confrontational, we are just performing our own constitutional duties, of reflecting the wishes of the people as enshrined in the constitution. What does the constitution allow you to do at this specific time . For instance in passing the budget, what does the constitution say , when the executive wants to take loans what does the constitution say. So those are the questions that come to our minds anytime we are dealing with issues . Yes, the party comes and say this is this but we tell them, Mr. Party , yes we are loyal members of the party but there is a supreme document . So any view of the party that can be accommodated within the confine of the constitution we will do it but if it is outside we won’t do it . The party too has now known that and I can’t remember anytime they even come to force us to do anything that is unconstitutional. So the constitution is our guiding light. Many Kwarans were opposed to the taking of bond by the state government but the House later approved the bond. Why this? Yes you see when the issue of the bond came, we went back to the people, we went to the lowest level . We went to all the constituencies even outside Ilorin and we said let us hear from Kwarans . And we gathered their views and we got the views of the experts.
The general views is not that government should not take loan as such but that government should not take loan to do certain things. If you are taking loan we should spend it on capital projects, things that are visible, that was the argument then . So when they brought it , if you remember we said no, go back and give us details . The projects and everything about the projects and that was unprecedented. And so they went back , they brought it back, they complied and we vet it. We also gave it to experts , then we told them to give us the tax flow for Kwara . We called the Debt Management Office, DMO that give us the scenario if we take this N20bilion for this projects how will it impact on our ability to pay salaries and they came out positive . So we were satisfied that it will not affect our salaries payment which we have seen is not affecting . And that the loan will be tailored towards specific projects. So if there is anything outside that our oversight will come in . So it is not like the previous ones that loans were taking, bonds were taking not tied to specific projects . So that was the objection of Kwarans and once we were satisfied that once these loans were taken they would be utilized for specific projects, we gave our approval . That is true because we even heard the opposition party commending this legislature for doing a thorough job but even with that, the issue of given financial autonomy to the legislature , how far have you been able to go on it? Yes financial autonomy for the legislature, we are waiting on the constitution and the national assembly has achieved the enviable level of autonomy.
Once there is budget every month, the Ministry of Finance before anything will take the national assembly funds to it. In state assemblies, it is not like that I think except Lagos. Even that is not fully covered with the constitution, You need a constitutional amendment which has been done but unfortunately it wasn’t signed that time. Because you can do an amendment this you can do and bill will pass even if the governor doesn't sign it, we can override his veto. But you see, you cannot force him to take that money from source and give you . It is the constitution that can do that and until we do that because there is no point having autonomy when financially you are not independent . And you don’t blame the governor because if the governor is not forced to cough out money to somebody who he believes will be monitoring him , he won’t do it . So until you forced the governors. Governor knowing that the assembly is an arm that will cage him so why for God sake will he empower them, he will not do that , he has to be forced. And it is only the constitution that can force elections and I think Kwara state and about three or four states have been consistently doing local government elections. Overwhelming number of states doesn’t do that because that give them more access to their funds. So the same thing with the assemblies, they don't have access to the funds. If your air conditioner is faulty, you have to write to the governor so that is keeping you in check but if you have autonomy you don’t need governor for anything, so they won’t want it .So we are hoping that the national assembly, they have given themselves till the end of this year to pass it to Mr. President and once it is signed, we will start seeing that level of robustness in the assemblies. Sorry to say, the state assemblies in Nigeria today are in a sorry state.
Sometimes we believe it is just a waste of tax payers money. A lot of them are not doing the required constitutional check and balances on the executives. I am proud of the national assembly, it is doing a fantastic job. I cannot see that president in Nigeria today wanting to override the assembly and as we go along it will be more stronger and stronger . During the Obasanjo era it was astonish, during Yar'Adua time it was firmer , during Jonathan, stronger and during Buhari it is more stronger and I am sure in the post- Buhari no president will even dare to say he wants to go and interfere with the assembly because they will rub his nose on the ground . So the national assembly is fantastic, it is independent and it is good for Nigeria. An independent legislature is very good for the electorate. It is necessary that the legislature is extremely independent because they are the voice of the people. With what you have said about the scrutiny of the state budget, having laboured so much, how will you ensure good implementation of the budget? We are very focus on that too; we are very conservative as we said, we have given our target.
We are doing things differently; we are not just passing the budget. We have given ourselves a target that this N128bn, if we can implement the budget by 70 per cent, that is the margin of acceptance, it will be alright . So if Kwara budget is not implemented by 70 per cent, we can hold the House and the government responsible. So we are looking at it that at least at minimum let us implement this budget by 70 per cent. And by December we can come back and review it and we are holding ourselves responsible that it must be implemented by at least by 7o per cent, we have done a lot of work on this budget. Let us go national; the critics of the present administration have said that nine months after taking over power , President Muhammadu Buhari has not been able to deliver the promised change. How will you react to that? I am a member of the APC and a loyal member of the party as such and we promised change . I think the people should be patient with Mr. President. The country was devastated beyond recognition by the PDP government.
With time I believe we will find our feet and we will start satisfying the people. There is also the invasion of the Ekiti State House of Assembly by the men of DSS? That is disappointing, what happened in Ekiti is disappointing. What happened in Kogi is also disappointing. I heard last night that Ondo has removed its Speaker and the deputy at odd hours in the night when the Supreme Court has ruled that the business of the legislature should take place in the chamber another area that has been decimated by the assembly . The state legislatures are just to satisfy the wishes of the state governors. But in Kogi state there have been crisis before the new governor came in , after his assumption of office, the crisis continued. Don’t you think that will affect the development of the state . The governor want it that way. That is what I am saying when I was in the national assembly we took over the Kogi assembly. I was part of the delegation that went to Kogi. So it happens in Kogi today, it may happen in any other state. And it satisfy the ball game of the governors . They want the assembly that way and it will remain that way until this financial autonomy law is passed . Otherwise because the governor wanted the speaker away in Kogi , he just chosen five people and assisted them with police or whatever and they said they voted 15 people out . And everybody is keeping quiet, we call on Mr President , we call on the party that if you do not voice out now and we say it doesn’t concern us, this will continue. But we have Conference of State Assemblies Speakers, what are they doing to forestall this kind of thing? Our chairman has made a move, he had condemned the issue and constitutionally the national assembly is empowered to take over the function of the state assembly that is under siege . And I think the national assembly is working towards that.
Like I said , that played into the calculation of the executive. With your experience, qualification of PhD in Law, I think you should provide a guide to other speakers on this kind of problem. I am sorry, I have made that determination the first day I came to power otherwise I would have been the chairman but I came to Kwara to face the problem of Kwara, not the problem of the nation or that of other states. I want to focus on Kwara problem. I have done that of the national enough, now I am ready to serve the Kwarans. Let me face Kwara problem, let other people face the national problem. The problem of global oil economy is affecting oil producing nations but Nigeria seems to be having terrible experience of it, more so that the country depends solely on crude oil for its income. What do you think we can do vis a vis what is happening now ?
The diversification that I have been hearing is more on declaration than commitment, it was even in the budget . Having seen the national budget I haven't seen that commitment to diversify. The dramatic fall in oil pirces would have been a wonderful opportunity for Nigeria to reclaim itself . If the government has a clear-cut programme about diversification, this is the right time . Nigerians are very innovative , so if you assist them to rediscover themselves so many opportunities are there. Are you talking about agriculture, are you talking about IT, so many, that with a little push I am sure Nigerians can make their marks. We should channeled that energy but it is like it is business as usual. The declaration should be met with commitment by government. What informed your championing the Administration of Criminal Justice bill when you were in the National Assembly . Is it because you are a lawyer and you have deep knowledge of Law that made you to push for that bill which was eventually passed into an act? Yes, of course it is because I am a lawyer and one is not satisfied with justice industry if I may call it that .
You have an issue in court and it will take 12 years, what manner of justice is that. Everybody say justice delayed is justice denied. Ninety per cent of justice is delayed in Nigeria, and delayed justice is no justice. We vote N90billion on judiciary every year but it doesn't work. So being a lawyer, I know what the causes of the challenges are but the challenges are so enormous. But one single bill came out to do the job. So we have to choose which one to do, basically there are two sets of cases , criminal and civil. So I now say which one do I take first, civil is commercial, if you come with a billion naira you have a little disagreement, it takes you ten years, no investment and no investors will come, that is about money . Then you have criminal which has to do with lives and liberty of Nigerians. If somebody is accused of a criminal offence, he will be incarcerated. We have seen people in jail for stealing yams, seven years, eight years . I now chose that because this one has to do with lives and liberty of Nigerians and I say let us resolve this and that was what we did. So Administration of Criminal Justice has to do with criminal matters and it is as you have seen, it has resolved cases. Olisa Metuh's cases and other cases wouldn't have reached that situation it has reached previously . Within two months it have reached the level of no case submission and in another weeks the judgment would have been ready and you can go to appeal . Prior to this act, in seven years they wouldn’t reach where they have reached . This is because once the Judge determined something and ruled and you lose, then you would appeal , and that matter stands.
After Court of Appeal, you go to Supreme Court. Then after that you will come back and you will start , the judge will rule and they will go again. So we know ourselves, we are the lawyers , we know the loopholes and we blocked it . So on criminal matters, Nigeria is now at par with any judicial process in the whole world, perfect . Now the civil aspect, I hope somebody will take on that. That is why you see that our rating by the CBN doing business in Nigeria we are at the top rung of the ladder, this doing business report . And we should commends the senate president on this, he did a report last week where they said they have to amend fifty something laws which is very good. The Criminal Administration of Justice is a conglomerate of about 20 to 30 laws . This one is about 50, the Senate President is taking that chart. So once he is able to do that I think our judiciary will be fantastic. These are things that will assist business. All these travelling are show biz issues, these are the things that can help draw investors. If I am bringing in money and I have a dispute and there will always be dispute, I know that this dispute will be resolved in two or three months, then that will be fine .So these are things that should attract the interest of Nigerians. Some people are agitating for a unicameral legislature at the centre as a way of cutting down the cost of governance.
What is your view on this? I don't support that. There are ways that we waste money. While don’t we say we should cut the way we maintain ministers. Each minister has orderly and three or four cars , a senator has one car. Nigerians are not looking at that. Now you are saying we should have unicameral instead of two houses . But sometimes you see senators, especially in the last assembly, senators were more leaning to the executive than the house. So if you have unicameral, we will now be like the state assemblies. That is dangerous for a country as diverse as Nigeria. With a bicameral legislature it is difficult to pocket both the house and the senate. It is good for Nigeria to have bicameral legislature, we should not look at naira and kobo sometimes.
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