The refuge called Abuja: Imo’s N30b crisis resonates in Abuja

* How virement is causing ripples in the state
* The FCT as safe haven for hounded politicians

BY JIDE AJANI, EDITOR, NORTHERN OPERATIONS

Seen as a safe haven, Abuja, the Federal Capital Territory, has always played host to a number of politicians who feel hounded in their state of domiciliation.  From the frightened legislators in Enugu State during the days of Governor Chimaroke Nnamani, to those from Plateau and Ogun States, politicians, who feel a sense of insecurity in their states, are quick to run to Abuja.

The latest now is Hon. Barr. Ifeanyi Agwu, a member of the Imo State House of Assembly, who raised objections to some alleged acts of misappropriation of funds by Governor Ikedi Ohakim.  This is the story of an emerging scandal allegedly involving some members of the House of Assembly and the state governor to the tune of N30billion.

Ifeanyi Agwu was elected on the platform of the Peoples Democratic Party, PDP, in Imo State – from Okigwe.  But he has since dumped the PDP for the Action Congress of Nigeria, ACN.  Perhaps, that is why his message of propriety comes with a collateral damage of malice.

However, beyond malicious intent and the allegation that Agwu is out to embarrass Governor Ikedi Ohakim, are the issues of illegal virement, extra-budgetary expenditure and misappropriation of funds.  Today, Agwu has taken refuge in Abuja, citing fear of losing his life as reason.  It is all about an alleged N30 billion virement made by Ohakim without the approval of the state assembly.

Speaking to Abuja Bulletin, last week, Agwu confesses that he is at a loss to understand why his colleagues in the Imo House do not see what he saw and he’s seeing but which they know to be wrong and illegal.
But if the lawmaker thinks his colleagues do not know what they are doing, he is mistaken.  Just last Wednesday, March 16, 2011, an Order Paper for the Assembly showed that a bill was brought before it thus:  “A bill for a law to amend by re-ordering the 2010 budget to the sum of N24,033,479,660.00 for the year ended 31st December, 2010 and for other related purposes.  Note that the amendment by re-ordering being sought does not indicate that the total budget is increased by the amount”.

The bill reads:
“Long Title:  A Law to extend the life of the Imo State of Nigeria 2010 Appropriation Law.
“Enactment: BE IT ENACTED by the Imo State House of Assembly of Imo State of Nigeria as follows:
“Citation:  (1) This Law may be cited as Imo State of Nigeria 2010 Appropriation Law 2010
“Interpretation:  (2) In this law, unless the context otherwise requires, ‘Principal Law’ means the Imo State of Nigeria 2010 Appropriation Law 2010.

“Extension/Amendment: (3) Not withstanding the provisions in the Principal Law the 2010 financial year shall end on 31st of March, 2011

“OBJECT AND REASON
“To extend the life span of the 2010 Appropriation Law
“Chief Sponsors:   Hon. C J Egbuchulam
Hon, Barr Simeon Iwunze

Co-Sponsors:        Hon. Surveyor Jonas Okeke
Hon. Sam Daddy Anyawun
Hon. Barr. Ikenna Emeh
Hon. Clinton Amadi
Hon. Barr. Louis Chukwu
Hon. Bede Eke
Hon. Mike Iheanetu”

Expeditiously, the bill passed its first reading and is also said to have passed the second reading.  In fact, playing hide and seek, some members of the House had caused the bill to pass the two readings without the involvement of some members in so far as a quorum was formed.

Agwu has already been suspended from the House for what was considered an act which cast aspersions on members of the body.  Agwu, on the floor of the House, insinuated that the governor had prevailed on the members to pass the bill re-ordering the expenditures.  This, the members felt, was not good enough.
But, a member of the assembly who spoke to Abuja Bulletin, pointed out that “Agwu merely wanted to embarrass the governor with an unfounded allegation.  He is in ACN and he is trying to embarrass the governor.  That will never happen”.

When Agwu first raised the objection to the proposed re-ordering, he was directed to the Ethics and Privileges Committee of the House.  There, he was again told to bring documentary evidence of his objection and allegations.

In a letter dated, 9th March, 2011, and written to the Chairman, House Committee on Ethics and Privileges, Imo State House of Assembly, Owerri, Agwu wrote in his documentary evidence:
“That early 2010, after the passage of 2010 budget, the Speaker minuted to me a letter requesting for approval of virement already made by the executive in the immediate past 2009 budget the speaker minuted that I should check the appropriateness of such virement and advise him. After going through the virement, I found out that the virement was mostly from Capital Expenditure to Recurrent Expenditure.  I immediately reported back to the Speaker and explained the implications to him.

“I made the Speaker to understand as follows:
*That the virement was inappropriate because most of the heads and sub-heads had no need for such appropriations;
*That the virement was illegal because the virement has already been done and money expended before bringing it to the legislature for ratification.

*The virement was criminal because it was vired from Capital Expenditure to Recurrent Expenditure.
“In August 10th, 2010, an unminuted letter from Ministry of Planning was sent to me from the Office of the Speaker.  The letter was signed by one Mr. Bismarch Eziohuru requesting to have approved copies of 2008 Supplementary Budget and the 2009 re-ordered estimates.  I also discussed it with the Speaker who asked me not to worry as something was being done to okay it.

“On February 9th 2011, I got a letter, though unminuted, from the Office of the Honourable Speaker and the letter was from Ministry of Planning, signed by one Ugoh Felix Kelechi for Hon. Commissioner, with an attachment of photocopy of a letter to the Attorney General/Commissioner for Justice, signed by the Hon. Commissioner, Hon. Levi Oguike, requesting the re-ordered estimates of 2010 budget be sent into the House as a bill for approval.

“According to the letter, the essence of the whole thing is to capture additional expenditure made on some critical expenditure heads in the office of the governor.  Mr. Kelechi’s letter was also attached to six copies of re-ordered Imo State 2010 estimates to the tune of N24, 033, 479, 660.  If you add this to the 2009 re-ordered estimates of N6, 880, 302, 266, it will give you approximately above N30, 000, 000, 000.  Because these re-ordered estimates were done without the approval of the House, rather, they were being sent to the House to get a legal teeth; I advised the leadership during motion on adjournment to change the style of administration by imbibing the doctrine of separation of powers.

“The following general rules should be looked at in your judgment:

1. When an amount is vired, from one expenditure head/sub-head to another head/sub-head without the approval of the legislature, according to our law, it is illegal virement.

2. When a vired amount, which is illegal, is expended on the new head where it is vired to, it amounts to extra-budgetary expenditure.

3. When an amount is vired from one head/sub-head where ordinarily would not have been done by the legislature, it amounts to misappropriation”.

The curious twist in all of these rests in the fact that, if Agwu’s allegations were unfounded, why is the state assembly extended the year end of the 2010 budget to March, 31, 2011, when, a budget for 2011 was presented last December?

In addition is the triple jeopardy of illegal virement, extra-budgetary expenditure and misappropriation.
A source at the Economic and Financial Crimes Commission, EFCC, told Abuja Bulletin: “whatever some state governors think they are doing now without consequences would become manifest when investigations into their acts are carried out.  The lesson for those serving now is that the long arm of the law can always catch up with them at some point because we will do our work without fear or favour”.

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