Corrupting legislators with constituency project funds

It seems the more our leaders verbalise their resolve to end corruption in the polity, the more endemic it becomes and the more brazenly those who should curb the malaise openly embrace it, almost flaunting it with a couldn’t care-less attitude before a befuddled citizenry.

Corrupt acts that were considered sufficiently offensive only a few years ago as to warrant the attention of the EFCC are today being openly perpetrated, with incredible attempts at justification. An example, which shall be the focus of this column today, is the practice of executive corruption of our legislators by assisting them to help themselves to public funds, under the pretext of receiving the funds for the execution of constituency projects.

When the idea of constituency projects of legislators first surfaced, it was unfortunately,from the 1999 - 2003 National Assembly, of which I was a member as a senator. But then, the idea was not to pay money into the personal accounts of legislators for such projects. Rather, the idea was to ensure a minimum presence of government in every constituency by having some grass-roots projects sited in each one, during the budgeting process. It was duly recognized that legislators have no constitutional powers to award contracts or execute projects.

Legislators were merely required to identify projects which they wished to be sited in their constituencies for inclusion in the budget, with a financial ceiling for the budgetary provisions for such projects in each constituency.

The award of contracts for, and the supervision and payments for such contracts were left completely in the hands of the appropriate executive agencies of government. For example as a senator, my constituency borehole projects were put under the projects of Ogun-Oshun River Basin Development Authority, and the contracts for them were awarded and paid for by that agency.

Similarly, projects on roads were placed under the Ministry of Works, and those on electricity under the Ministry of Power. This was the way constituency projects for all the National Assembly legislators were handled.
Since then, the idea of constituency projects has come under severe abuse, especially at state level. During the travails of Mr. Abiodun Aluko as the deputy to former Governor Fayose of Ekiti State sometimes in 2005, evidence was supplied by Mr. Aluko to show that his boss, Governor Fayose, paid N2m each to the personal accounts of legislators who were willing to cooperate with the governor’s intention to impeach him.

The legislators who received this money attempted to justify it by claiming it represented part payments to them for their constituency projects, even though Aluko also showed that it was only legislators who were willing to dance to the governor’s tune that received the money. Without any prejudice to whether the payments were indeed meant for constituency projects or not, the episode demonstrates the kind of abuse to which payments for constituency projects can be put, when paid directly to the personal accounts of legislators.

It can easily become a channel for bribing legislators to carry out various political agenda of the governor, especially agenda of a corrupt and indecent nature. Recently, the Osun State government ordered the payment of N5m each into the private accounts of its state legislators, as constituency projects allowances. It is clear that both the governor who approved the payments, and the legislators who received them, know that their acts are manifestations of illegality and corruption and this is what the AC members have been harping on, although not because they are any less prone to such corrupt inducement.

But for the crisis in the House between the AC and PDP members, none of them would have raised any dust. However, because of the crisis, the AC has made political capital out of it by pointing out the illegality, ordering its own members to return the money and petitioning the EFCC. Following the footsteps of Osun State , the Oyo State governor, Alao - Akala, also issued cheques of N10m to each of his legislators, in their personal names, as the first tranche of their constituency allowances.

These latest practices in respect of legislators’ constituency projects are now clearly a form of executive bribery and corruption of legislators, to compromise them and make them cooperative in the governors’ subsequent acts of corruption. That the payments are illegal follows from the fact that legislators under the constitution have no powers to award contracts or execute projects. Those powers are the exclusive preserve of the executive. Furthermore, it is illegal and criminal for the executive to take money for specific projects under the budget, and pass such money to the private accounts of individuals. For once the money gets into such private accounts, the executive can no longer fulfil its constitutional obligation to account for its judicious expenditure. Asking the legislators to sign an undertaking not to misapply the funds, as Governor Alao-Akala did, is merely playing upon our intelligence.

Who is to decide the level of misapplication? Once the monies have been paid to private accounts, the monitoring of their use is surely already out of the scope of government. They are simply bribes to the legislators, nothing more and nothing less. This strange practice of funding constituency projects also defeats the concept of checks and balances and separation of powers embedded in our constitution. If even a legislator were to be honest enough to truly wish to spend the money on his constituency projects, how would he have the time to supervise and monitor the execution of those projects and yet still have sufficient time to effectively carry out his legislative duties of representation, law-making and over-sight functions? Also, being so compromised by the governor’s generosity, how would legislators be bold enough to check any excesses of the governor thereafter? With this and other devices by governors to compromise and bend legislators to their will, is it any wonder that it is so difficult to get governors impeached?

Fugitive Obasanjo-Bello disenfranchises Egbas in senate

Much as I have restrained myself from commenting on Senator Iyabo Obasanjo-Bello’s current plight, I cannot but mention that Egbas, her constituency, are getting increasingly worried about their current lack of representation in the senate.

Even though her name has become synonymous with scandal, they are prepared to let her sort out her various problems with the EFCC, but they cannot much longer bear their non-representation in the nation’s highest law making body, owing to Iyabo Obasanjo-Bello’s prolonged disappearance, running away from the long arms of the law.

This is because, should any critical matter come before the senate for discussion and resolution during her absence, Egbas would have been deprived of a say.

I urge Senator Iyabo Obasanjo-Bello to please return to her seat in the senate and face her indictment in court honourably. Lawmakers should epitomize the highest level of respect for the law, for they cannot be less subject than others to the laws which they make for society.

Taking flight from justice, as Iyabo Obasanjo-Bello has done, does no honour to her person, her family name, or the Egbas who she represents. And it cuts a very poor image of senators.

A person falsely accused of a crime will not run away from the opportunity to prove her innocence. On the contrary, to run away from that opportunity is to admit guilt. Let Iyabo not bring the office of a senator to further disrepute, and let her have the courage to face the consequences of her actions. That is the path of honour.