CSO raises concerns over executive powers, transparency gaps in Akwa Ibom fiscal bill | Africa Front
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CSO raises concerns over executive powers, transparency gaps in Akwa Ibom fiscal bill
<p>A civil society organisation, Policy Alert, has called on the Akwa Ibom State House of Assembly to amend key provisions of the proposed fiscal responsibility bill, warning that some sections could weaken legislative oversight, limit public accountability and concentrate excessive powers in the executive arm of government.</p>
<p>Alongside 11 other executive bills, the fiscal responsibility bill which seeks to repeal the existing law codified as Volume III, Cap 56 of the Laws of Akwa Ibom State 2022, was introduced to the Akwa Ibom State House of Assembly on 2 June. It scaled its second reading on 9 June and was committed to the House of Assembly Committee on Appropriation and Finance on the same day.</p>
<p>Presenting a memorandum during the public hearing on the bill held on 17 June, Policy Alert commended lawmakers for seeking to modernise the state’s fiscal governance framework but cautioned that several provisions require significant refinement to achieve the law’s stated objectives.</p>
<p><strong><a href="https://policyalert.org/" target="_blank" rel="noopener noreferrer">Policy Alert</a></strong> said the bill presents an important opportunity to strengthen fiscal discipline, transparency and prudent management of public resources, but argued that some of its provisions risk undermining democratic checks and balances.</p>
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<p>“The Fiscal Responsibility Law should not merely regulate public finance; it should strengthen the social contract between government and citizens by guaranteeing transparency, enabling public participation, protecting oversight institutions and ensuring that decisions regarding public resources remain subject to democratic checks and balances,” the organisation said.</p>
<p>A major concern raised by the organisation relates to Section 36 of the bill, which empowers the governor to approve budget virements.</p>
<p>According to Policy Alert, the provision grants discretionary authority that could allow the executive to alter spending priorities approved by the legislature without adequate scrutiny.</p>
<p>The organisation asked lawmakers to impose strict limits on such powers, require legislative approval for significant reallocations and mandate public disclosure of approved virements.</p>
<p>It also faulted Section 39(2), which requires quarterly publication of budget implementation reports, arguing that the provision focuses on deadlines without specifying the level of detail that must be disclosed.</p>
<p>Policy Alert noted that government agencies could technically comply with the law by publishing brief summary reports that provide little information on project implementation, procurement activities or sectoral performance.</p>
<p>PREMIUM TIMES had <strong><a href="https://www.premiumtimesng.com/investigationspecial-reports/850270-investigation-under-eno-akwa-ibom-slips-deeper-into-secrecy-violates-fiscal-law.html" target="_blank" rel="noopener noreferrer">reported</a></strong> that under the administration of Governor Umo Eno, Akwa Ibom State has slipped away from fiscal transparency into secrecy especially with the publication of summarised budget performance reports since the first quarter of 2025.</p>
<p>“This bill fixes a clock problem but leaves a content problem unsolved,” Policy Alert said.</p>
<p>It recommended mandatory project-level disclosures, citizen-friendly budget performance reports and sanctions for agencies that fail to meet reporting standards.</p>
<p>Despite its reservations, Policy Alert identified several provisions it described as progressive and worthy of retention.</p>
<p>Among them is Section 53(5), which guarantees citizens’ right to fiscal information and prevents officials from invoking secrecy laws to deny access to public financial records.</p>
<p>The organisation also praised Section 58(1), which grants any indigene of Akwa Ibom State the legal standing to challenge violations of the law in court without proving personal injury or special interest.</p>
<p>Other commended provisions include mandatory public consultations on the Medium-Term Expenditure Framework, dedicated representation for civil society on the proposed Fiscal Responsibility Council, public participation in state and local government budgeting processes and advance public notice requirements before the release of accumulated savings.</p>
<p>Policy Alert, however, questioned the independence of the proposed Fiscal Responsibility Board, noting that the governor retains significant powers over appointments and removals.</p>
<p>It called for legislative confirmation of board members, stronger whistleblower protections, enhanced sanctions for fiscal misconduct, greater transparency around public borrowing and stronger links between fiscal responsibility and procurement accountability.</p>
<p>PREMIUM TIMES <strong><a href="https://www.premiumtimesng.com/regional/south-south-regional/888261-gov-eno-seeks-power-to-bypass-bidding-for-billion-naira-contracts.html" target="_blank" rel="noopener noreferrer">reported</a></strong> that one of the executive bills introduced, the Akwa Ibom State Public Procurement Regulatory Agency (Establishment) Bill seeks to grant the governor powers to bypass bidding for billion-naira contracts for a committee chaired by the governor.</p>
<p>Policy Alert urged lawmakers to require the publication of citizens’ budgets, debt sustainability reports and annual compliance reports by the proposed board.</p>
<p>“The fiscal responsibility bill presents a valuable opportunity to institutionalise prudent fiscal management, enhance transparency and strengthen public accountability in Akwa Ibom State,” it said.</p>
<p>“However, unless issues relating to institutional independence, citizen participation, whistleblower protection, transparency obligations, procurement accountability and executive influence are adequately addressed, the bill may fall short of its transformative potential.”</p>
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