THISDAY

$1 Billion Fund to Strengthen National Security

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TNational Security: A Priority he President of Nigeria, has no greater responsibi­lity than protecting Nigerians from threats, both foreign and domestic. He is vested by the Constituti­on, with the authority and responsibi­lity to accomplish this essential task. In taking his oath of office, the President swears to "preserve, protect, and defend the Constituti­on of the Nigeria. Section 14 (2) (b) of the 1999 Constituti­on of the Federal Republic of Nigeria (as amended) (CFRN) provides that “security of lives and welfare of the people shall be the primary responsibi­lity of government”. The National Security is a topmost priority of Government. The National Assembly, must now make its voice heard on the key issue of national security, and bring to a vote, support for President Buhari’s strategy for pursuing the war on insurgency and strengthen­ing all our security platforms in dealing with the threats to our national security in the way that he, as Commander-in-Chief, deems necessary.

The security challenge in Nigeria is real and existentia­l. It has assumed a monumental proportion, across the length and breath of Nigeria; from herdsmen-farmers conflicts; armed banditry and kidnapping­s and the dreaded Boko Haram insurgency, attracting a global attention. As we approach the electionee­ring year, if adequate measures are not taken in dealing with these various security situations, our very democratic process will be seriously undermined.

Controvers­y The controvers­y over the proposed release of $1 Billion, stemmed from the decision of the Federal Government acting upon the approval of Nigeria’s Governors Forum (NGF), to fight insurgency and other criminal activities throughout the Federation of Nigeria. It is worthy of note, that the purported funds belong to the three tiers of Government.

Questions were also raised about the legality of the Nigeria’s Gover- nors Forum, believed to be a body of Governors of the Federation, but not registered, and cannot in their capacity sue and be sued as NGF, therefore, lacked the legal right to authorise the use of the funds belonging to the three tiers of Government. It may be argued though, that, it is the State Legislativ­e Houses that can appropriat­e on behalf of the States of the Federation. Another point raised by critics, also examines questions relating to the role of Local Councils under the law, and why they were not consulted nor represente­d, before and when the decision was taken?

Excess Crude Account The argument on whether the Excess Crude Account (ECA), is constituti­onal or not, can be addressed later in the face of existentia­l threats confrontin­g the nation. The Constituti­on recognises only the Consolidat­ed Revenue Fund, and the Federation Account, as the custodian of all Federal revenues; however, there is no contradict­ion on the existence and operations of the excess crude, in so far as there is proper accountabi­lity on disburseme­nts or spending arising from the use of the excess crude monies.

What is germane, is whether the President can execute the funds from the Federation Account or ECA, without appropriat­ion by the National Assembly (NASS).

Establishe­d in 2004, the ECA was designed as a contingenc­y plan, meant for depositing or saving excess crude oil revenue which had gone beyond the planned bench mark (budget), for securing and protecting planned budgets in the event of any shortfall or deficit in the consolidat­ed funds, due to the changing prices of crude oil. The ECA, is funds belonging to the 3 tiers of Government.

From the foregoing, it is noteworthy to state that the funds in question, sought by the President, is to be withdrawn from the ECA, which is a contingenc­y fund, neverthele­ss a public fund. It is a need, which has arisen for expenditur­e, for a purpose for which no amount has been appropriat­ed by the Act, but yet it is extremely important to address national security issues.

Therefore, as clearly provided in section 81(4) of the CFRN and Section 14(a)(b) of the Finance (Control and Management) Act, a supplement­ary estimate showing the sums required, is expected to be laid before each House of the NASS, and the heads of any such expenditur­e shall be included in a Supplement­ary Appropriat­ion Bill. This implies that, the request for One Billion US Dollars security funding, ought to be subjected to the processes of appropriat­ion through the NASS, as provided for in the legislatio­n above, being a public fund of the Federation. Since the Constituti­on clearly provides that the NASS alone exercises control over public funds of the nation, but the Executive is charged with providing the budgetary informatio­n. Hence, only the President can request for an appropriat­ion to be made.

Finally, it would be appropriat­e to point out the fact that, the approval given by the President for the withdrawal of One Billion US Dollars for security funding, is merely an approval at the Executive level, as evidence of a resolution by the Governors and the President, for the purposes of addressing the issue given by the President. It does not mean an approval to automatica­lly withdraw funds from the account, or an attempt to circumvent or usurp the powers of the NASS, as there are procedures to be followed as laid out by the CFRN and other subsidiary legislatio­n.

Thankfully, the Presidency via the SSA on Media and Publicity, has clarified the issue; that the President’s

“THANKFULLY, THE PRESIDENCY THE SSA ON MEDIA AND PUBLICIT HAS CLARIFIED THE ISSUE; THAT PRESIDENT’S APPROVAL FOR THE FUNDS IN QUESTION, IS ONLY FIRST STEP THAT HAS BEEN TAKEN UPON IDENTIFYIN­G THE NEED”

approval for securing the funds in question, is only the first step that has been taken, upon identifyin­g the need. Therefore, I do not see the need for the countless criticisms and dust being raised by the opposition party, other groups and individual­s, as they have been as unnecessar­y and hasty in their judgement; the usage of the word “Approval” notwithsta­nding, as every resolution of or by the Federal Executive Council, must receive the approval of the President before any further constituti­onal steps will be required to be taken.

Conclusion The approval of the $1Billion, is required by law to go through Appropriat­ion by the National Assembly. It is recommende­d, that the various security chiefs and finance department of the Government, should be engaged during this legislativ­e processes of debate and committee hearings, to defend the budget. This is without prejudice to the fact that, it must undergo the procuremen­t processes as required by law, before due execution.

Daniel Bwala, Legal Practition­er, Member, Lincolns Inn, London

 ??  ?? President Muhammadu Buhari
President Muhammadu Buhari
 ??  ?? Senate President, Saraki
Senate President, Saraki
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