Worried
by late implementation of capital projects due to late commencements,
Acting President, Prof. Yemi Osinbajo, has issued a presidential
directive, which will henceforth (until a constitutional amendment)
mandate the executive to submit budgetary proposals to the National
Assembly latest by September of every year.
This move is sequel to
the realisation that capital votes’ components of budgets, which have
an over-bearing impact on the citizenry, normally get the least
implemented percentage due to weather conditions like rains, which
hampers earth moving equipment during road construction, while the
recurrent portion of budgets, which entails spending on government
personnel always get 100 per cent implementation.
Also under the
new vista, which comes into force with the 2017 budget, no locally made
goods/services substitutes shall any longer be imported into the country
as part of measures to check graft in procurement in public service, as
well as, boost revenue diversification sources locally and create
employment opportunities.
All these are coming on the heels of the
cloud of uncertainty that envelope the recently passed 2017 fiscal
plan, which assent and implementation still remain a subject of
controversy.
In a chat, the Director General of Budget Office of
the Federation, Ben Akabueze, said the issue of faithfully implementing
the budget can only come up after a careful perusal of the document.
“We
can only say if the budget is implementable after a careful scrutiny of
it. We are going to take our time and go through the document. How long
this is going to take, I can’t tell you. This is dependent on the
volume of intervention by the National Assembly.”
He added that
work on the 2018 budget has already commenced with the call on MDAs to
submit their personnel emolument requirements for 2018.However, after
the National Assembly Presidential Liaison Aide, Senator Ita Enang, and
Minister of Information, Lai Mohammed, last week contradicted themselves
on who would assent to the budget, the Senior Special Assistant on
Media to the Acting President, Laolu Akande, informed that his principal
would sign the budget, hence there was no need for apprehension.
Two
days latter, Osinbajo followed up with the issuance of three Executive
Orders (Presidential Orders), two of which have to do with budget
preparations and procurement, fast-tracking budget implementation,
guarding against graft as well as saving funds for implementation of
government plans and programmes.
The orders according to Osinbajo
are in line with the authority vested in him as the acting president,
said a release by Akande.On budget, the order directed as follows: “All
agencies, whether or not listed in the Fiscal Responsibility Act, shall,
on or before the end May every year, cause to be prepared and submitted
to the Minister of Finance and the Minister of Budget and National
Planning, their schedule of revenue and expenditure estimates for the
next three financial years.
“All agencies shall, on or before the
end of July every year, cause to be prepared and submitted to the
Minister of Finance and the Minister of Budget and National Planning,
their annual budget estimates, which shall be derived from the estimates
of revenue and expenditure as projected in their three-year schedule.
“A
joint committee of the ministries of finance, and the budget and
national planning shall review such estimates and ensure their
conformity with the national plan and the financial and budgetary
regulations before processing them for approval and early transmission
to the National Assembly,” the order stated adding, “supervising
ministers and heads of agencies as well as the chief executive officers
of government owned companies shall verify that the process of
preparation, harmonisation and collation of budget estimates are as
stipulated in relevant laws and guidelines, as well as, ensure strict
compliance with this Executive Order.”
Meanwhile, joining the
ongoing debate on who would assent to the 2017 fiscal plan, Abuja-based
Senior Advocate of Nigeria (SAN), Ade Okeaya-Inneh said: “My view is
that once you write a letter in accordance with section 145 of the 1999
Constitution, automatically, the vice president becomes the acting
president. It doesn’t matter what word is used. If they are trying to
introduce all kinds of things, then there is a major constitutional
crisis looming,” he warned.
For Managing partner, Bank Oki,
Oyesanya and Co. Adekunle Oyesanya (SAN): “If he (Osinbajo) is acting as
the president, then there is nothing he cannot do, including signing
the budget. It doesn’t look as if they are even coordinated. What does
the constitution even say about the office of the acting president? Does
the constitution say that an acting president cannot do certain things?
The opinion of the cabal is immaterial. What matters is what the law
says.”
If the grundnorm, the fundamental law of the land says an
acting president can do everything that a president can do, then what
are they saying?” Constitutional lawyer, Mike Ozekhome (SAN) on his part
said Osinbajo cannot only sign the budget, but can deploy armed forces
and declare a war. There is nothing, according to him, he cannot do,
stressing that the budget is a small thing among the things he can do.
His
words: “Osinbajo as the acting president is the Commander-in-Chief of
the Armed Forces of the Federal Republic of Nigeria as it stands today,
under Section 5 and 145 of the 1999 Constitution. So taking the budget
to London for Mr. President to sign is unconstitutional. It is an
aberration and it constitutes a legal and constitutional anathema.
“There
can’t be two obas in one palace or two emirs in one palace. There can’t
be two popes in the world. Having transmitted a letter to the senate
that he was traveling abroad on health ground under Section 145, the
vice president automatically assumes power of the acting president.
Section 145 says that the vice president will act in that capacity for
as long as the president is away. Until then, Osinbajo remains the
acting president that has all the power to do anything that the
president can do. And that includes signing the budget, it includes
declaration of war, it includes deployment of the armed forces to ward
off external aggression.
“It includes presiding over the Federal
Executive Council and the Council of States meeting and giving
instructions to the ministers. That includes controlling the entire
apparatus of government under section 153 to 159 of the Constitution.
That includes exercising all powers of the president under section 5 of
the 1999 Constitution. So, it does not therefore matter whether the
letter was written as coordinator.”
According to him, even if the
letter had referred to Osinbajo as sweeper of Aso Villa or cook in chief
of Aso kitchen or messenger in Aso villa, the nomenclature or
description does not matter at all. “So, all the noise being made by the
shenanigans, the cabals and the lurking hawks, all go to no issue at
all, as far as this constitutional matter is concerned,” he insisted.
Similarly,
a constitutional lawyer, Sebastine Hon (SAN) said vice president
Osinbajo is Nigeria’s acting president, even though a letter was sent to
the national assembly saying he will coordinate affairs of government
pursuant to section 145 of the 1999 Constitution.
According to
Hon, since it was written pursuant to section 145, the provisions of
section 145 becomes applicable automatically. “The National Assembly
noticed that slight error. I prefer to call it slight error even though
there may be more to it, and it addressed it by confirming him as acting
president. So, any interpretation that is otherwise, that is contrary
to the spirit and letter of the Constitution is void. He can sign the
budget,” he stated.
In his own view, Samuel Zibiri (SAN) said
Osinbajo is acting and therefore can sign the budget. “Acting means that
he is stepping into the shoes of the president,” he argued.
In a
related development, two members of the House of Representatives, Messrs
Olajide Olatubosun, and Ossai Nicholas Ossai have reiterated the need
to the reform the country’s budgeting process.
The duo, who spoke
separately argued that the measure would surely curb the recurring
problem of delays in budget passage.Ossai who is the chairman of the
House committee on Ethics and Privileges said: “The delay is coming from
the executive. It is expected that the budget would be committed in the
first week of October to the National assembly. If it takes the
executive the whole year to prepare a budget, do you expect the National
Assembly to pass the budget within two weeks?
The lawmaker who
represents Ndokwa Federal Constituency of Delta State continued: “It is
not possible because in passing the budget, you must take into
cognizance the performance of the past budget and you must be able to
reach out to all Ministries, Departments and Agencies (MDAs) to make
sure you scrutinise them and determine the performance of the previous
budget before you are able to address the future budget.
Olatubosun,
who is a member of the House Committee on Appropriation, expressed
doubts if the delay in the passage of the 2017 budget impacted
negatively on the economy.
According to him: “If you recollect the
last budget was signed into law on the May 5, 2016 and it was stated in
the Act that the capital component of the budget was for one fiscal
year. That means it won’t expire until the midnight of May 4 2017. So,
what that means is that from January to that day, there was a budget
that was running. Most Nigerians thought it was from January to December
2016. The capital component of the budget was being implemented, funds
were being released and if you go round the country you see some
projects that are being executed.”
However, “I won’t say that the
delay in the passage of the budget has not got any impact considering
the fact that in Nigeria, the government is the major spender. But what I
have just said is that if you are talking of any delay, the only period
that we did not have a capital budget now is between May 6 and today
(last Friday) and that is just about twelve days. So it is not like we
don’t have budgets in January. No. The Appropriation Act for last year
covered the period from May 6, 2016 to May 5 of 2017.”