By YUSUF ISHAKU GOJE
Section 100, sub-section 4 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) states that, “where a bill is presented to the Governor for assent he shall within thirty days thereof signify that he assents or that he withhold assent.” While sub-section 5 states, “where the Governor withholds assent and again the bill is again passed by the House of Assembly by two-third majority, the bill shall become law and the assent of the Governor shall not be needed.”
The issue of concern here is that, today is exactly two months (beyond the thirty days allowed), since the Kaduna State House of Assembly, in fulfillment of its appropriation function, was reported, 5th of March, to have passed the 2024 appropriation bill of N107.7 billion for the 23 local government areas in the State. This is an increase of about 13% from the initial proposed budget of about N94 billion presented before the Assembly by the Executive arm. However, the budget seems to have not been assented into law by the Governor, sixty days after. The use of the word ‘seems’ is because a search on the official handles of the administration and news platforms have no update or report on its assent.
When only last week, the Governor signed four bills presented to him, through the Majority Leader, into Law, with that of the passed 2024 Local Government appropriation bill conspicuously missing. The assented laws are to: Establish the Kaduna State Roads Fund (KADSRF) and the Kaduna State Roads Fund Administration Board (KADSRFAB), along with other Matters Connected Therewith; Establish the Kaduna Rural Access Roads Authority (KADRARA) and for other Matters Connected Therewith; Enact the Kaduna State Emergency Management Agency Law, 2024, and for other Related Matters (Amended); and Establish the Kaduna State Environmental Protection Authority, 2024. (Amended).
Before going further, one wonders the justification for the increase in budget size by the State Assembly. Considering that the trend analysis of local government revenues have consistently shown underperformance. The increase in Statutory allocation from Abuja, induced by fuel subsidy removal, is not enough reason – as most of the funds are utilized by the State Government on behalf of the LG Councils. More so, that a huge chunk of it is remitted back to the State government as first line charges in line with Section 9 of the State Joint Local Government Account Allocation Committee Law, 2019.
A brief look at the Kaduna State 2024 approved budget shows that, under Capital Receipt, donation by Local Governments is N13.5 billion, which is 62.5% of the total budget for Aids and Grants. These are the contributions from Local Governments to the State government in the budget: Compensation to Victims of Communal Violence – N1 billion; Security – N786.8 million; 1% Local Government Training Funds – N361.1 million; Zaria Metropolitan Authorities – N2.17 billion; Kaduna Capital Territory Authority – N2.18 billion; Kafanchan Municipal Authority – N2.18 billion; 60% contribution from LG for Salaries of Local Government Health Workers – N4.5 billion; Overhead to PHCs – N152.4 million; and IPDs/Emergencies (SPHCB) – N230 million.
In addition, the State government has over the past years also consistently fallen short in adequately remitting the independent revenue collected on behalf of the LGAs in line with the Tax (Codification and Consolidation) law, 2020; as well as, the zero or meager remittance of the statutory 10% IGR – as reported, from 2018 till date, by the Kaduna State Office of the Auditor-General. It is important to note that a credible budget depends on realistic assumptions and projections as captured in the Medium Term Expenditure Framework (MTEF, 2024-2026). So to increase the budget size will require the review of the fiscal strategy that informed the initial estimate. Was that done?
Back to the assent of the 2024 Local Government budgets, in line with the constitutional provision quoted in the first paragraph, other germane questions begging for answers are, had the Governor, within the prescribed thirty days, thereof signified to the State Assembly that he has assented or he withheld assent to the passed 2024 Local Government appropriation bill? Has the State Assembly as part of its oversight function followed up to ensure compliance to the constitution and will they invoke sub-section 5?
That aside, it is imperative to note that timely passage of the budget is key to effective policy-budget linked implementation. Especially if the current administration is going to actualize its social contract of rural transformation for inclusive development in line with pillar two of its SUSTAIN manifesto. Furthermore, it will also enhance transparency and accountability in line with the Open Government Partnership (OGP) – as currently the LG Councils directly and indirectly seem to be carrying out expenditures without an approved budget. More so, it makes it difficult for non-state actors to track the utilization of funds/implementation.
Therefore, it is a civic responsibility to call on the Governor to accelerate the signing of the passed 2024 Local Government appropriation bill into law. Equally, when assented into law, we urge the State Assembly, as the voice of the people, to carry-out rigorous and thorough oversight to ensure the budget translates to improve service delivery that improves the living standard of the people at the grassroots.
Goje is an active citizen, civil society member and OGP enthusiast
