Account freezing directive and matters arising

AKINWALE ABOLUWADE in this piece, aggregates the views of some Nigerians on the directive by some governors-elect that the accounts of their states be frozen even before they are sworn-in

The lingering war of wits between the serving governors and the governors-elect in some states is progressively gravitating into an interesting show of absurdity. With the table turning in favour of the governors-elect, who are about to be sworn-in by May 29, orders and counter-orders from the incumbents and their would-be successors have continued to breed confusion and agitation in the polity.

The most controversial and interesting issue so far is the directive by some of the governors-elect that the bank accounts of their states be frozen until further notice. The situation, of course, has elicited divergent reactions from stakeholders just as it has raised suspicion and agitation in the camps of the outgoing governors and the incoming administration.

As it were, stakeholders from within and outside of the affected states have continued to criticise the move with some describing it as absurd and unacceptable, while a handful of others welcome the initiative. Indeed, shortly after his declaration as the winner of the April 26 governorship poll in Oyo State, the Action Congress of Nigeria candidate, Senator Abiola Ajimobi, expressed worries about some actions of the state governor Christopher Alao-Akala. For instance, the governor-elect wrote a letter asking Alao-Akala not to hastily approve the long-agitated salary increase for workers and to stop execution of fresh projects which, he noted, would eventually be at the expense of the incoming administration.

Ajimobi consequently cautioned the banks to be mindful of the way the state funds were released. Following this, the state chapter of the ACN also expressed worries about the government’s financial activities and concluded that the action was capable of plunging the state into bankruptcy.

Barely a week after the call by Ajimobi and his party, the governor-elect of Imo State, Owelle Rochas Okorocha, caught the bug. He called for the freezing of the bank accounts of the state. According to him, his call is in respect of the reckless financial attitude of the state government which, he says, is a ploy to plunge the state into debt and invariably stress up the coming administration.

However, the demand by the governors-elect has generated controversies and mixed reactions among eminent lawyers and other stakeholders in the country. In fact, a former Attorney-General and Minister of Justice, Chief Richard Akinjide (SAN), described the call by the governors-elect as unwarranted. The senior advocate of Nigeria said, “That call is unconstitutional and absurd. The sitting governor is in office and in power until his successor is sworn-in. The incoming governor has no power to give order or directive to the sitting governor.”

He explained that the incoming governor is not yet a governor and, therefore, has no right to give such directive.

He queried, “How is he really sure that the election will not be annulled by the Independent National Electoral Commission before the swearing-in? The call by the governors-elect has no precedent anywhere in the world. As such, they are just making themselves objects of ridicule. That shows the quality of persons that are elected into offices in the country.”

Similarly, a constitutional lawyer and university teacher, Prof.Itse Sagay, concurred with Akinjide noting, “They have no legal status to make such call. As far as the law is concerned, it is nonsense. The governors-elect are just like you and I until they are sworn-in. What they call for does not make any sense and it is not expected that people of their class should be making inordinate demand as such.”

Like Sagay and Akinjide, another SAN Chief Tony Idigbe said, “I will, as a lawyer, regard such statement by governors-elect as mere expression of wish as they do not have power to issue such directive until they assume office.”

He, nonetheless, admitted that in some climes, consultations between the outgoing administration and the incoming ones might be necessary.

However, even as these eminent lawyers disagree with the position of the governors-elect, some other stakeholders in the polity think otherwise. For instance, one of the Labour Party senatorial candidates in Lagos State in the just concluded general elections, Chief Durosinmi Etti, viewed the matter from a different perspective.

He said, “I think it depends on the basis on which they are making the call. I will give an example; in Oyo State where Alao-Akala is taking policy decisions that raise suspicion, I think the governor-elect would naturally feel agitated about the motive. For a long time, the governor refused to pay the new salary to workers. As a matter of fact, he had, for a long time, been on the war path with the workers. Now, with only a few days to go, he has suddenly acceded to their call. He has also rushed into road rehabilitation and other projects.

“In this light, I say that where people behave irrationally such a call could be provoked. But where people conduct themselves according to the norms and expectations of their offices, there will not be any need to react the way the governors-elect do. So, I can say that the answer to the issue depends on the circumstance. Somebody coming in newly will not want the account to be mopped for obvious reasons of his administration’s interest.

“However, the best way to go about it would have been to wait till the governors-elect assume office before freezing the account for auditing purposes; but the thinking is that it would be late already then.”

For the Executive Director, Civil Liberties Organisation, Mr. Ibuchukwu Ezike, the call by the governors-elect became compelling as a result of the overzealous attitude of some of the governors who were engrossed in squandering state funds by enriching themselves unjustly and by embarking on what he described as elephant project.

Ezike said, “By reason of unpatriotic nature of some of our leaders in this country at this point in time, one may be tempted to say that the call by the governors-elect that the state accounts be frozen is a welcome development. But where one has to exercise restraint is when one looks at it from the angle of what is constitutional and what is not.”

Also,the National Coordinator, Committee for Democracy and Rights of the People, Chief Amitolu Shittu, seems to toe the line of the CLO executive director. According to him, as unpopular as the call seems, it is a smart way to nip corruption in the bud.

He said, “It is one of the best ways and systems to curb corruption as many of the outgoing governors are now busy siphoning public fund under the guise of executing projects so as not to refund unspent money to the treasury. Embargo on account will go a long way to stem the tide of embezzlement.”

Meanwhile the governments of the affected states have expressed their misgivings on the issue, describing it as uncalled for and in bad light.

Reacting to an allegation of financial recklessness levelled by the ACN against the state government, the Special Adviser to Oyo State Governor on Media, Mr. Dotun Oyelade, said the ACN allegation was frivolous and baseless.

He queried in a statement, “Why is the party fretting over ‘illegal’ withdrawal of funds while it conveniently keeps quiet over various monies being paid into government accounts each day? This government will run and perform its duties till May 28. ACN dwelled on half information. No government properties have been personalised and the in-coming administration need not get too excitable until it gets to power during which it will be at liberty to go on a wild goose chase.”

In a similar vein, the Imo State government has described the perceived freezing of its account by the governor-elect as not only illegal, but also unconstitutional.

The state Commissioner for Information, Chief Elvis Agukwe, while speaking on the issue said there was nowhere in the world where a non-signatory to a bank account could claim authority over the account. He explained that Okorocha had no authorities over the finances of the state government until he is sworn-in on May 29 and, as such, should keep off until he had the constitutional backing.

The action of the governor-elect, according to him, has sent panic in the minds of workers who are jittery on the assurance of their salaries.

He said, “The action of Owelle Okorocha is already grinding government machinery to a halt. As I talk to you now, civil servants in the state are becoming restive because the banks, evidently acting under the instruction of the governor-elect, have refused to release cheques.”

The state government said that acting on a one-page letter allegedly signed by Prince Eze Madumere, entitled ‘Temporary non-debit status on all Imo State Government Accounts with your bank,’ the banks were, until recently, restricted from allowing withdrawal.