As a media stakeholder in Bayelsa State and Publisher of the Niger Delta Herald, I wish to draw the attention of Bayelsans and other stakeholders to what I consider a serious concern regarding the observance of the rule of law and the implementation of the Bayelsa State Income and Expenditure Transparency Law, 2012, by the administration of Senator Douye Diri.
The administration of Senator Douye Diri has consistently presented itself as a government committed to democracy and the interests of the people. But democracy is not only about elections and the exercise of political power. It is also about respect for the rule of law, transparency, accountability and the willingness of government to subject itself to public scrutiny.
Unfortunately, the recent controversy surrounding the Chairperson of Sagbama Local Government Council has brought the issue of compliance with the Bayelsa State Transparency Law into sharper focus. I therefore reiterate my concern over what appears to be a classic case of “kettle calling pot black.” A government that expects public officials and local government authorities to obey the law must itself demonstrate strict compliance with all applicable laws, particularly a law specifically enacted to promote transparency and accountability in the management of public resources.
For the purpose of clarity, the Bayelsa State Income and Expenditure Transparency Law, 2012, provides a legal framework for the public disclosure of the financial affairs of the state. The law was designed to ensure that Bayelsans are informed about the income accruing to the state and how such funds are being expended. This includes receipts from the Federation Account Allocation Committee (FAAC), internally generated revenue and other sources of public income, as well as the expenditure of such funds.
The Transparency Briefing, therefore, should not be regarded as a private meeting of government officials or a mere press conference where government representatives simply announce figures to a handful of selected journalists. Its essence is to provide an open accountability platform where the financial affairs of the state can be presented to Bayelsans through relevant stakeholders.
The briefing is expected to involve the government presentation team and relevant stakeholders, including journalists from the print, online and broadcast media, civil society organisations, professional bodies, labour unions, community leaders, traditional rulers and other members of the public with legitimate interest in the financial affairs of the state.
Against this background, I make bold to say that taking the Transparency Briefing into a single room at the Ministry of Finance, where only a few selected journalists are invited, raises serious questions about whether the exercise is being conducted in accordance with the spirit and purpose of the law.
Transparency cannot be reduced to the mere reading out of financial figures.
True transparency requires that the people should have the opportunity to understand, question and seek clarification on how their resources are being managed. When government officials announce figures without providing a meaningful opportunity for independent stakeholders to interrogate those figures, the fundamental objective of transparency is weakened.
Bayelsans have the right to know how much their state receives monthly from FAAC, how much is generated internally, what other revenues accrue to the state, how much is spent, what payments are made to contractors, how much is devoted to debt servicing and other obligations, and generally how the resources belonging to the people are being utilised.
These are public funds and not the personal resources of government officials. Therefore, the people have a legitimate right to demand accountability for every naira that comes into the coffers of the state.
While I commend the Bayelsa State Government for continuing to hold what it describes as the Transparency Briefing, I strongly urge the government to make the process genuinely open, transparent and inclusive in accordance with the law and the original spirit behind the policy.
There should be no attempt to shroud the state’s financial affairs in secrecy or restrict participation to a few selected journalists. The media cannot effectively perform its constitutional and professional responsibility of holding government accountable when access to critical financial information is restricted.
More importantly, civil society organisations, labour unions, professional bodies, traditional institutions, community leaders and other stakeholders should be given the opportunity to participate and ask questions. This is how a genuine culture of accountability is built.
The government cannot demand compliance with the law from local government officials and other public institutions while appearing to adopt a different standard when it comes to its own obligations. If the Transparency Law is good enough to demand accountability from local government authorities, it is equally good enough for the state government to obey.
The rule of law must be applied consistently. It cannot be selective.
As a media stakeholder and Publisher of the Niger Delta Herald, I therefore call on the administration of Senator Douye Diri to do the right thing by opening up the Transparency Briefing process, broadening stakeholder participation and ensuring that Bayelsans have a genuine opportunity to scrutinise and understand the financial affairs of their state.
The people of Bayelsa deserve to know how much comes into the state and how their money is being spent.
Transparency should not be by invitation only. Accountability should not be selective. And the rule of law must begin with those who govern.
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