By Bolade Omonijo
Posted to the Web: Monday, September 25, 2006

FIDELIS Okoro is a rather quiet Senator. At least in representing his people in the Senate since 1999, he had managed to stay away from the limelight in the  discharge of his responsibilities. Even while the third-term fire raged, Senator Okoro managed to stay away from the centre stage. The only times one could  remember the name featured prominently in political discourse were the period around the 1999 election when Chief Jim Nwobodo had to shop for a political  platform for the senator, and last year when Senator Okoro locked horns with Governor Chimaroke Nnamani.

But, once again, Senator Okoro has found his voice. This time on the floor of the Senate. He actually sponsored a motion ostensibly targeted at sanitising the political  stable in his native Enugu state.

Senator Okoro’s motion had two important and weighty aspects. Firstly, he alerted the legislative chamber that elections had not been conducted into the Enugu state  local government councils, thus violating the laws of the land. The senator consequently advised that funds meant for the state’s local government councils be stopped.
The second part of the motion, equally targeted at the political leadership of Enugu State, sought to compel the Economic and Financial Crimes Commission, EFCC  to submit to the senate the report of its investigations on alleged diversion of local government funds in Enugu State.

Ostensibly, the senator felt concerned about public good and strict adherence to constitutional provisions. Indeed, Section 7 of the 1999 Constitution states that: “The  system of local government by democratically elected local government local councils is under this Constitution guaranteed...”

However interpreted, therefore, local government councils in each state of the country must be led by elected leaders, representing the wish of the electorate of the  area and with established tenure. The constitution recognizes that the institution empowered to make laws to regulate the existence of the local government councils is  the state House of Assembly. Only in matters relating to creation of new local government areas is the National Assembly empowered to make “consequential  provisions with respect to the names and headquarters of states or local government areas as provided in section 3 of this Constitution and in Parts 1 and II of the  First Schedule of this Constitution.

“For the purpose of enabling the National Assembly to exercise the powers conferred upon it by sub-section (5) of this section, each House of Assembly shall, after  the creation of more local government areas pursuant to sub-section (3) of this section, make adequate returns to each House of the National Assembly.”

The key questions arising from Senator Okoro’s motion are: “Is the senate empowered to raise issues pertaining to administration of local government areas?  Considering the Supreme Court verdict on the Federal Government withholding of funds due to the 20 local government areas of Lagos State, can the senate advise  or compel the Minister of Finance to withhold Enugu local government funds?  Even where senators are concerned about the practice of democracy at the grassroots,  is the best way to safeguard it the twisting of arms or applying to a court for arbitration?
These area questions for the senate to consider before Wednesday’s deliberation.

On the EFCC, the question has been asked about the real purpose and powers of the anti-graft agency. But, in this case, Senator Okoro who was sitting at the  plenary session of the legislative house the third term this year asked the senate to compel EFCC to submit report of an inconclusive investigation. This would neither  be legal nor fair. It is neither fair to EFCC nor the Enugu State government.

As the senate re-examines the motion, another question to ask is, why single out Enugu State? it is no secret that EFCC is probing Benue, Taraba, Ekiti, Plateau, Imo,  among others. Why not call on the commission to submit interim reports on probes into governments activities, individual cases and private firms, that is if the  argument could be sustained.

The controversial motion, the Enugu State Commissioner for Information, Mr. Igbonekwu Ogazimorah has argued is a mere smokescreen for the senate president’s  battle with his state governor. The contest itself is not new. At the congress held in the state last year by the ruling Peoples Democratic Party, PDP, the governor’s  team confirmed its political hold on party structure, thus leaving the internal opposition in the cold and signifying that they could be left out of reckoning as 2007 draws  nearer.

This might have informed the desperate bid by the duo of the Senate President and his supporter, Senator Fidelis Okoro to turn the table in the state by putting the  pressure on the governor.

No one could deny the senate president his right to hit back at political opponents or bring up strategies that would make him relevant in his state. Indeed the battle is  for the political lives of the two senators.

What is regrettable in the episode is the use to which a respected institution like the senate is being put. It is known that motions are merely advisory and lack the  force of law. But, when such motions are clearly motivated by personal reasons, they can be so easily ignored which could eventually amount to disregard of the  senate or the legislative arm of government. Whatever the senate and senators do, the larger interest of that all-important arm of government should be considered.