Should Elected Politicians Defend Their Mandate In Court With State Money? Experts Tell Neusroom
Just eight months into his re-election as Lagos State Governor, Babajide Sanwo-Olu has been drawn into allegations of misappropriation of state funds by his administration.
In a document published on their website, the Lagos State Public Procurement Agency, tagged ‘Letter Of Award Registered For January 2023,’ seen by Neusroom, reveals that four firms, Ahmed Raji & Co, Akinboro & Co, Babatunde Ogala & Co, and Messrs Femi Okunnu & Co, were contracted to represent Governor Sanwo-Olu and paid N50 million each.
The project designated as ‘Instruction to Represent and Defend Mr. Sanwo-Olu Babajide Olusola in Suit No; FHC/CS/1979/2022- Peoples Democratic Party Vs Independent National Electoral Commission, and 42 Ors,’ has sparked reactions from Nigerians.
“It is wrong for taxpayers to bear the expenses of legal representation for Mr. Sanwoolu as opposed to channeling said funds to areas where it is desperately needed, such as healthcare, education, and social security,” Gbadebo Rhodes-Vivour, the Labour Party Governorship candidate in Lagos, said.
With several contentious parts on how the government allocates its expenses, there has been ongoing concern about possible misappropriation of funds.
On November 18, 2023, Funso Doherty, a Lagos-based chartered accountant and ADC Lagos State Gubernatorial Candidate, in an open letter to the State Governor shared concerns on Public Procurement awards reported by LASG for the 2nd and 3rd quarters of 2023.
Amidst public outcry on how some state funds were used, legal experts have shared their concerns about the legality of state government funding election petitions of politicians who are assuming political positions.
Barrister Kolawole Babatunde told Neusroom that it’s not constitutionally right for elected politicians to use state money to fund their legal litigations.
“It’s definitely wrong and amounts to misappropriation of funds,” he said.
Misappropriation of public funds is illegal in Nigeria; however, it is believed that many politicians, when elected to political offices, often defend petitions using state funds.
Dr Robert Ekat, a political expert, says it’s criminal for an elected official to use funds from the state’s account to defend his or her mandate in court.
“Ideally, political parties should bear the cost of electioneering campaigns, court cases, and general politicking,” he said.
Reacting to the recent discovery of Lagos State government funding Sanwo-Olu’s election petition, another legal practitioner, Terem, noted that the litigation was between Sanwo-Olu and APC, and not Lagos State.
Ekat claims that the recent revelation is a common trend in Nigeria.
“Governors, Presidents, and other privileged political actors in Nigeria often deploy the full resources of the state, including money, to execute their re-election programs and even support their political parties,” he said.”
