Ondo State N7.3billion ‘Contingency’ fund – Afeyin-p’eran (cheat)

MaTaZ ArIsInG
Texas

Afeyin-peran (1)

Section 83 of the Nigerian Constitution allows the Legislature to make provisions by law, for contingencies, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists.

Clearly from the above, appropriation is an exclusive power of the Legislature and it must precede spending. Extra budgetary spending of any type is not known to the Nigerian laws. It is thus, illegal, null and void. It is a bad omen for the principles of separation of powers and the rule of law when such power of financial authorization which exclusively resides in the Legislature is usurped by the Executive.

I think what happened in Ondo State in respect of the controversial N8.16billion ‘contingency’ fund is an indication that the hands of our legislators are tied behind their backs, as the Executive has spent in anticipation that the legislators must approve it whenever they deem fit to present a supplementary budget—putting the cart before the horse. Assuming without conceding that our legislators are independent minded representatives of the people of Ondo State and at the end of the day, they do not find credibility in the details presented by the Executive, what will happen?

More worrisome is that for over three months, the government has refused to bring to the notice of the legislature what it describes as ‘contingencies’ and its attendant urgency. Succinctly put, the Akeredolu-led government is overreaching itself by combining the duties of the executive and the legislative arms. Rather than bring a request to the Assembly with a plea for expedited consideration, it has decided to embark on spending spree whose effects we cannot see in the life of the masses. How are the legislators expected to carry out their oversight function of monitoring the implementation and ensuring that the government complies with the relevant details of this ‘contingency’ project?

Let me make it abundantly clear that I do not believe the palliative story of our junior Governor. Besides, the leaked document shows a total sum of N8.16billion expended on contingencies as at Q3 of 2023. If N7billion is for palliative, is the other N1.1billion for palliatives too? How much more do we have to spend on ‘contingency’ in the Q4 of the year? Can he present a minute of the State Exco meeting where this spending against constitutional stipulations was debated and ratified?

Afeyin-p’eran (2)

I just read the defence written by the Ondo State Government in a bid to explain its reckless and unconstitutional spending of over N7.3billion ‘Contingency’ fund. To legitimize the fraud, the writer made reference to the Ondo State Public Finance Management Law 2017. Baba nla iro de ni won npa😊

The Contingency Fund in every budget is a provision that has not been budgeted for specific projects. It is put in the budget in anticipation of any contingency that may arise and the House of Assembly usually passes it as deemed fit. Thus, the Public Finance Management Act allows a government to spend from the contingency subhead of an APPROVED budget whenever need arises, and not to unilaterally dip hands into any funds that have not been appropriated at all.

If for instance, my boss asks me to organize a 3-day training session for 100 youths. It is expected that my budget estimate will contain MISCELLANEOUS which is meant to take care of any CONTINGENCY that may arise in the course of putting the programme together. When the need calls for it, I am thus, permitted to spend from the approved Miscellaneous money to offset bills that may have not been captured amongst the list of specific items on the estimate I submitted.

Along the way in my struggle to deliver on the assignment, if my boss’s friend gives me any money (especially a humongous amount) to hand over to his friend (my boss). I will be a thief to pocket it claiming that I also used it for contingencies hoping to inform him much later.

I hope this succinctly explains the twist in facts. May the sun of our dear Ondo State continue to shine✊🏼

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