The Senate and the House of Representatives are seeking legal opinions from their lawyers on their next line of action in the brewing stand-off with the executive on the amendment to the 2013 budget.
There were indications last night that the National Assembly might prefer a supplementary budget to amendment to the budget.
Sources said a supplementary budget is one of the options being considered by the federal legislators who are aggrieved by government’s handling of the issue and in particular the conduct of the Minister of Finance, Dr. Ngozi Okonjo-Iweala.
The Senators and Representatives are not convinced that government is giving them all the facts on the nation’s economy.
Also on the cards is a meeting with President Goodluck Jonathan on the latest development.
Chairman, House Committee on House Services, Honourable Yakubu Dogara, on June 5 raised a constitutional order claiming that the consideration of the amendment bill would amount to illegality.
The Speaker of the House of Representatives, Alhaji Aminu Tambuwal, however, referred the observation to the Committee on Rules and Business and Committee on Justice and Judiciary to look into the issue raised by Honourable Dogara.
Although the President on June 27 presented a fresh request for the amendment to the 2013 budget, members of the National Assembly are insisting on compliance with the provision of the Constitution in line with the legal advice.
According to findings, the advice has described, amendment to the budget as unconstitutional in the light of Section 81(1-4) of the 1999 Constitution.
A principal officer of the National Assembly, who spoke in confidence, said: “We have subjected issues on the budget to Legal Advice and the report has confirmed that there is no provision in our constitution for amendment to budget.
“So, what the executive is exploring or adopting is a principle of general practice and not law as it were.
“We are building consensus on the need to stick to the 1999 Constitution than following general practice.”
A member of the House said: “Amendment to budget is strange to the constitution. There is no section of our constitution backing it. We prefer supplementary budget to any amendment.
“So, the supplementary estimate is one of the options we are also looking into to resolve the budget stalemate.”
Another Senator said: “Section 81(1-4) does not support amendment to the nation’s budget. We will let the president realize this and come up with a supplementary budget.
“We hope that the executive will appreciate the position of the National Assembly on this.”
Section 81(1-4) reads: “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 the revenues and expenditure of the federation for the next following financial year.
“The heads of expenditure contained in the estimates (other than expenditure charged upon the Consolidated Revenue Fund of the federation by this Constitution) shall be included in a bill to be known as an Appropriate Bill, providing for the issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriate of those sums for the purposes specified therein.
“Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the Federation shall be paid directly to the National Judicial Council for disbursement to the heads of the courts established for the federation and the states under section 6 of this Constitution.
“If in respect of any financial year, it is found that: the amount appropriated by the Appropriation Act for any purpose is insufficient; or
“A need has arisen for expenditure for a purpose for which no amount has been appropriated by the Act,
“A supplementary estimate showing sums required shall be laid before each House of the National Assembly and the heads of any such expenditure shall be included in a Supplementary Appropriation Bill.”
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