FROM: PAUL ORUDE, BAUCHI
Governor Mohammed Abdullahi Abubakar of Bauchi State has called for the adoption of
judicial activism in resolving issues of misunderstanding of the
powers conferred on the Executive and Legislature by the constitution.
This was contained in a press release signed by his Press Secretary, Malam Abubakar Al-Sadique.
According to the release, the governor made the call while presenting
a paper as a Guest lecturer on Executive-Legislative Relations and
Challenges of Democratic Consolidation in Bauchi State to course participants at the Institute for Security Studies of the Department of Security Services, Abuja.
Governor Abubakar noted that constitutional democratic government, with
written constitution, was the best form of government because the
parameters of government are clearly defined.
He, however, lamented that Nigerians are not exploiting the
opportunities accorded by the constitution to seek redress and improve
the nation’s legal system.
Abubakar, who is also a legal practitioner, opined that separation of
powers between the three arms of government was very important and the
constitution is very clear on such principles with powers of all the
arms well defined.
He said the reasons for separation of powers was to have an interplay
between the arms, like in the case of the executive nominating those
to be appointed as ministers or commissioners in states, and the
powers of the legislature to confirm or reject the nominees as well as
the case of budget estimates preparation for legislative approval.
“On the question of whether budget estimates can be tinkered by the
legislature, the law needs to be tested. I’m surprised that it has not
been tested in court by concerned Nigerians especially the executive
and legislative arms because in grey areas of the constitution, there
is need for introduction of judicial activism” the governor said.
The governor reiterated the need for the 37 federating units of the
country, comprising the 36 states and the federal government to
operate within the powers given to them in the concurrent list of the
constitution, saying most of the conflicts in operating the
constitution arise at the federal level.
While noting that courts of records are accorded judicial powers while
the legislature is empowered to create new courts, Governor Abubakar
stressed that the Supreme Court should be approached on any thorny
issues like on whether the legislature has power to increase or reduce
budget estimates presented to it by the executive.
On the allegation of States Houses of Assembly being rubber stamps to
their respective governors, Governor Abubakar said it is wrong to make
such blanket allegations as the Bauchi State House of Assembly has
only been a partner in progress to him since its inauguration in June
2015.
He revealed that his administration inherited N125 billion debt
from the previous regime with empty treasury, regretting that Bauchi
State which used to be a shining example to other states started
stagnating from 2007 and later retrogressed to disturbing state.
The governor commended President Buhari for his “major unprecedented
interventions to drive development in the country that includes soft
loans, otherwise known as bailouts, given to governors to be repaid in
twenty years with 9% interest rate for the purpose of paying workers’
salaries and salary-related emoluments”, from which Bauchi State got
8.6 billion naira as well as infrastructures loan of N10 billion
given to all the states of the federation.
On the calls for restructuring the nation, Governor Abubakar observed
that all the agitations can be done and addressed within the ambit of
the constitution, and stressed that devolution of powers which failed
to pass in the ongoing constitutional amendment at the National
Assembly must be revisited because certain powers reside in the wrong
tiers of government.
“Federal Government, for instance, should have no business on matters
of education except in policy formulation,” the governor added.