Olisa Agbakoba, a former
president of the Nigerian Bar Association (NBA), says the executive did not
comply with the constitution in laying the 2018 budget before the national
assembly.
Agbakoba said this in letters
addressed to Senate President Bukola Saraki and Yakubu Dogara, speaker of the
house of representatives.
The human rights lawyer said
sections 81 to 84 of the constitution (as amended) set out the procedure for
preparing the appropriation bill.
He said the constitution requires
each arm of government to lay before the national assembly its estimates of
revenue and expenditure for each financial year after which it is harmonised as
a bill and presented to the president for assent.
“Constitution requests each arm
of government (the executive, legislature and the judiciary) to lay before the
national assembly its estimates of revenue and expenditure for each financial
year after which it is appropriated, harmonised as a bill and presented to the
president for his assent,” the letter read.
“Unfortunately, the executive has
failed to comply with this procedure by laying before the national assembly
estimates of revenues and expenditure for the judiciary.
“This is in spite of a subsisting
federal high court decision in OLISA AGBAKOBA VS. ATTORNEY GENERAL OF THE
FEDERATION & OTHERS SUIT No. FHC/ABJ/CS/63/2013 that has declared this
practice unconstitutional.
“We suggest that the national
assembly draw the attention of the executive to the decision of the federal
high court. The national assembly should request the National Judicial Council
to lay before it the judiciary’s estimates of revenue and expenditure for 2018
and the executive be made to represent its estimates for 2018.
“In summary, the constitutional
procedure for preparing the appropriation bill is that each arm of government
(the executive, legislature and the judiciary) lays before the national
assembly its estimates of revenue and expenditure for each financial year after
which it is appropriated, harmonized as a bill and presented to the president
for his assent.”
He said if the constitutional
procedure is not compiled with after seven days, legal action would be taken to
enforce the decision of the court.
“We are unaware if the national
assembly has laid its budget estimates,” it read.
“But please note that if after
seven days the constitutional procedure is not complied with, we shall have no
choice but to initiate legal proceedings to enforce the decision of the federal
high court and set aside the 2018 appropriation bill.”
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