Majority Leader of the House of Representatives, Hon. Femi Gbajabiamila, yesterday said the National Assembly currently lacks the powers to query spending from the Excess Crude Account (ECA).
He was reacting to the approval of both the state and federal governments to withdrawal $1 billion from the account to fight insurgency in the country.
The parliament had been under pressure to respond by stopping the proposed withdrawal from an account which is supposed to be a succour in rainy days.
But the House leader in a statement he personally issued maintained that though he always maintained that the ECA is an illegal account and instituted a court action against it during then President Goodluck Jonathan administration, until a final decision has been made by the courts the account is still operative.
According to him, it is important that the legality of the withdrawal of $1 billion from the account is properly understood.
He said:”There is a clear misunderstanding of the powers of the National Assembly over public funds and its limitations. The National Assembly only has power of appropriation over monies belonging to the federal government.
“The ECA does not belong to the federal government but to the three tiers of government. The National Assembly cannot query how the states decide to spend their money. The only institution that can query this is the state assembly.
“Where the governors have decided to ‘donate’ some of their funds from the ECA to fight Boko Haram, their state assemblies can kick against it that such was not appropriated by them. I do agree that due process wasn’t followed by The governors as they should have sought the approval of their states before the donation.”
Gbajabiamila said: ”It is however not for the National Assembly to complain on behalf of the state assemblies. This is part of the principle of separation of powers in a constitutional democracy. The National Assembly can only discuss the portion of the federal government money spent if any.
“On whether Governor Ekiti State, Ayodele Fayose, or any other governor has a right to kick against it, he said: “I believe he does. No matter how inappropriate if he does not accede to the request or deduction from his state’s portion there is no amount of consensus that can bind him as postulated by the chairman of the governors’ forum because such portion belongs to his state and not to the Governors forum. So he may be entitled to a refund.
“This is my position on the legality of the withdrawal of $1 billion from the ECA.”
