Morganable Politics/Legislative Affairs
The committee is investigating revenue remittances, operating surpluses and compliance with the Fiscal Responsibility Act, the Finance Act 2022 and other financial regulations governing public institutions
kaNo —
The Senate has resolved to summon the Central Bank of Nigeria, the Nigerian National Petroleum Company Limited and about 40 Ministries, Departments and Agencies over their alleged refusal to honour invitations to account for public funds, warning that continued disregard for legislative oversight would attract constitutional sanctions.
The upper chamber reached the decision during plenary on Wednesday following the adoption of a motion sponsored by the Chairman of the Senate Committee on Finance, Senator Sani Musa, who accused several government agencies of frustrating the National Assembly’s constitutional oversight responsibilities by repeatedly ignoring invitations to appear before the committee.
The committee is investigating revenue remittances, operating surpluses and compliance with the Fiscal Responsibility Act, the Finance Act 2022 and other financial regulations governing public institutions.
Presenting the motion, Musa said the Senate Committee on Finance was exercising powers granted to the National Assembly under Sections 88 and 89 of the 1999 Constitution (as amended), which empower lawmakers to investigate the finances and administration of government institutions.
He explained that the committee routinely conducts investigative hearings to scrutinise the financial activities of Government-Owned Enterprises as well as Ministries, Departments and Agencies.
“As part of our constitutional mandate under Sections 88 and 89 of the Constitution, the Senate Committee on Finance conducts periodic investigative hearings to examine the financial operations of Government-Owned Enterprises and Ministries, Departments and Agencies,” he said.
However, the senator lamented that many of the affected agencies had consistently failed to honour invitations or submit requested financial records despite repeated correspondence from the committee.
He expressed concern that some institutions had gone further by questioning the committee’s authority to summon them.
“More concerning is that some have taken the position that they are under no obligation to appear before the committee or submit the requested information, notwithstanding the clear constitutional and statutory powers vested in the National Assembly to conduct oversight over the finances and administration of public institutions,” Musa said.
He warned that such actions posed a serious challenge to legislative oversight and accountability.
According to him, allowing government agencies to ignore the National Assembly’s invitations without consequences would weaken transparency in the management of public resources and undermine the Senate’s constitutional responsibilities.
“These developments constitute a serious challenge to the effective discharge of the committee’s oversight responsibilities and undermine the constitutional authority of the Senate. If left unchecked, they could erode legislative oversight, weaken fiscal accountability and diminish transparency in the management of public resources,” he added.
Rep Accuse Revenue Generating Agencies Of Violating The Fiscal Responsibility Act
Musa also accused some revenue-generating agencies of violating provisions of the Fiscal Responsibility Act and the Finance Act 2022 by retaining government revenues that should have been remitted into the Federation’s coffers.
“These are agencies that collect revenue for the government, and the Fiscal Responsibility Act, as well as the Finance Act 2022, direct that all Ministries, Departments and Agencies must comply with the financial regulations on remittances.
“Most of them don’t comply. Instead of remitting what is requireud by law, they retain the larger percentage of the revenue and remit only a fraction. We need to call them to order,” he stated.
The senator further disclosed that preliminary findings suggested that some agencies had been withholding funds due to the Federal Government since 2020.
According to him, the committee intends to subject the agencies to detailed scrutiny before the Fiscal Responsibility Commission carries out reconciliation of the outstanding funds.
“We will request that they come for scrutiny so that the Fiscal Responsibility Commission can carry out reconciliation, after which we will require them to refund the money as quickly as possible. Some have been holding these funds since 2020,” Musa said.
He stressed that the National Assembly’s investigative powers are clearly established by the Constitution and cannot be disregarded by any public institution.
“What we are talking about is that they are saying the Senate Committee does not have the power to invite them. But the Senate has the power.
“The National Assembly has the power. We have the powers enshrined in the Constitution to invite them,” Akpabio said.
Senate Directs Committee To Prepare Substantive Motion Against Defaulting Agencies
He subsequently directed the Senate Committee on Finance to prepare a substantive motion empowering the Senate to compel the defaulting agencies to appear before the committee.
Akpabio also warned that any agency that continued to ignore invitations from the National Assembly would face constitutional consequences.
“If eventually they do not appear, we know the appropriate action to take,” he added.
Senate List Defaulting Agencies
The Office of the Accountant-General of the Federation, the Nigerian Railway Corporation, the Small and Medium Enterprises Development Agency of Nigeria, the Nigerian Electricity Regulatory Commission and the Transmission Company of Nigeria.
Others include the Federal Mortgage Bank of Nigeria, Nigerian Agricultural Insurance Corporation, Nigerian Export-Import Bank, Nigerian Export Promotion Council, NNPCL Retail Limited, Nigerian Commodity Exchange.
Nigerian Ports Authority, Standards Organisation of Nigeria, Nigerian Upstream Petroleum Regulatory Commission, Nigerian Midstream and Downstream Petroleum Regulatory Authority and the Joint Admissions and Matriculation Board.
The list also covers the National Examinations Council, National Inland Waterways Authority, Nigeria Deposit Insurance Corporation, Nigerian Communications Satellite Limited, Nigeria Export Processing Zones Authority, Nigerian Shippers’ Council, Nigerian Meteorological Agency, National Insurance Commission, Nigeria Social Insurance Trust Fund and the National Oil Spill Detection and Response Agency, among several others.
The Senate adopted the motion through a voice vote, paving the way for formal summons to be issued to the affected institutions.
During a subsequent session, the Senate reinforced its position by warning that heads of Ministries, Departments and Agencies as well as Government-Owned Enterprises that continue to ignore invitations from its committees would face constitutional and legislative sanctions.
Leading the debate, Senator Abdul Ningi argued that the National Assembly could no longer continue pleading with agencies to fulfil obligations imposed on them by the Constitution.
He described the persistent refusal of some institutions to appear before legislative committees as a direct challenge to the authority of the National Assembly and a threat to democratic governance.
“We must start by calling their attention that this is the last warning. Secondly, we will write to the President to inform him that this arm of government is not being respected. Thirdly, no budgetary allocation to any organisation that refuses to come,” Ningi declared.
The Senate unanimously endorsed the resolutions, directing all government agencies to comply with invitations from its committees or face sanctions under the Constitution and other extant laws, in what lawmakers described as a renewed effort to strengthen fiscal accountability, transparency and legislative oversight of public funds.
