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‘Unconstitutional:’ Lagos Assembly Directs Suspension Of Salary Payment To Unconfirmed Appointees

Published

2 years ago

Apr 12, 2023.

The Lagos Assembly is constitutionally empowered to screen and confirm government nominees.
However, the legislative house said its role has recently taken a backseat as some appointees continue to work in government without confirmation.
The assembly has resolved to act and sanitise the system.

Eko Hot Blog reports that the Lagos State House of Assembly has asked the Head of Service, Mr. Hakeem Muri-Okunola and Accountant-General of the State, Dr. Abiodun Muritala, to immediately halt the payment of salaries to government appointees whose nominations were not sent to the House for screening and confirmation.

The lawmakers also sought the withdrawal of appointment letters given to affected government appointees.

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They singled out the acting state Auditor General, Mr. Adewuyi Moshood Adewale, who was appointed on September 22, 2022, and has exceeded the six-month constitutional limit of acting without legislative approval.

The issue came up for discussion during plenary on Tuesday after the Deputy Majority Leader, Hon. Noheem Adams (Eti-Osa I – APC), raised a ‘Matter of Urgent Public Importance’ concerning the worsening situation where supposed nominees of Governor Babajide Sanwo-Olu continue to work without being screened and confirmed by the House.

Lagos Assembly Deputy Majority Leader, Hon. Noheem Adams

Hon. Adams cited Section 196, subsection 2; Section 198 and Section 126, subsection 3 of the constitution which give backing to the House of Assembly in respect of nominations by the governor for appointments.

He warned that failure to adhere to these provisions of the constitution will jeopardise the principle of separation of powers.

“Section 126, subsection 3 provides that except with the resolution of a State Assembly, no person shall act in the office of the Auditor-General for a state for a period exceeding six months,” the lawmaker said.

“As the chairman, House committee on legislative compliance, I have observed that some appointments to boards and other agencies were not brought to this noble House. If this persists, the principle of separation of powers will be in jeopardy.

“For example, the Auditor-General was appointed on the September 22, 2022 and today is April 11, 2023.”

Speaking on the same matter, Hon. Sa’ad Olumoh (Ajeromi/Ifelodun I – APC) lamented that such appointments without regard for the House were becoming too many.

“Separation of power is a doctrine enshrined in the constitution. The executive has the right to nominate people and the House has the responsibility to either confirm or reject such nominations,” he said.

“It is not only in the office of the Auditor-General, but I don’t know in what capacity one can act beyond the time limit without recourse to the House.”

The lawmaker also urged the House to look at the issue holistically so as to put an end to what could cause issues later.

Similarly, Hon Rotimi Olowo (Somolu I – APC) noted the difference between a nomination and an appointment, saying the business of governance should not be a friendship thing.

“Today, we have a lot of people parading themselves with many names without appearing before this House for clearance. It should not be a padi-padi thing. This is a constitutional matter and if we do not adhere, we would end up facing the wrought of the people,” he said.

The lawmaker further suggested that the Head of Service be made to appear before the House to clear himself over the issue.

Speaker of Lagos House of Assembly, Mudashiru Obasa

In his response, the assembly’s Speaker, Mudashiru Obasa (Agege I – APC), who presided over the sitting, agreed with the lawmakers that appointments of that nature without recourse to the House amounted to infractions.

“I sincerely agree with all of you that the failure of such nominees to appear is an infraction or violation of the laws of this House, especially as it relates to the MDAs, most of which were established by the laws of this House,” Obasa said.

He noted that the laws of the Lagos House of Assembly have statutory provisions that nominees of the governor must appear for confirmation.

“It is becoming common and regular and if we fail to act now, it becomes a norm. I share your sentiments that there is a need for us to put a stop to this,” the speaker said.

The Lagos lawmakers resolved to enforce halting the salaries and remunerations enjoyed by the affected government appointees pending their appearances before the House.