Daily Trust

Budget law needed - Don

- By Clement A. Oloyede

The debate on whether or not the National Assembly has power to increase the budget presented by the president has been a recurring one since 1999, a professor of law,Yemi AkinseyeGe­orge (SAN), has said.

This comes at the heels of reports quoting the Acting President, Yemi Osinbajo, to have said the National Assembly has no right to introduce new projects or modify those contained in an appropriat­ion bill.

Reacting to this, the National Assembly said its constituti­onal powers are unambiguou­s with regards to appropriat­ion and warned the executive that it would not be a rubber stamp for it.

Speaking on this unending debate, Akinseye-George in an interview with Daily Trust said the constituti­on offers no clear answer to the question.

Section 81(1) of the constituti­on simply provides that, “The president shall cause to be prepared and laid before each House of the National Assembly at any time in each financial year estimates of revenues and expenditur­e of the federation for the next following financial year,” he said.

He said the use of the word estimates connotes that the figures submitted by the executive are neither sacrosanct nor conclusive.

“At best they are mere proposals,” he said of the budget.

“There is no special definition of estimates by the constituti­on. Therefore the word must be given its ordinary grammatica­l meaning of “an idea or approximat­ion rather than conclusive figures. The constituti­on also uses the word proposals with respect to the revenue allocation formula submitted to the National Assembly by the president under Section 162 (2).”

He said it is until the budget estimates is submitted to the National Assembly that it becomes a bill or legislativ­e proposal.

“In my humble opinion, the National Assembly cannot be a mere rubber stamp. It has the power to scrutinise the estimates contained in the bill and demand explanatio­ns from the executive or anyone who may be of assistance to it in deciding what to approve. The estimates are mere guides,” he said.

The law professor said it is prudent but not mandatory for the legislatur­e to consult the executive before altering the budget estimates one way or the other. He said this is because the power of managing the economy is that of the executive and it is expected that the executive has a broader perspectiv­e than the National Assembly in managing the economy, adding that, “This of course is not always the case.”

He said no arm of government can claim monopoly of authority with respect to the national budget.

“Even the judiciary could intervene in an appropriat­e case to ensure full compliance with the constituti­on. The case of AG Bendel v. AG Federation is relevant here. The Supreme Court nullified the Appropriat­ion Act which was not passed in conformity with the constituti­on.

“Therefore rather than bickering over whether the National Assembly has power to alter the budget estimates or not, the legislativ­e and the executive arms should work

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