World News

Thursday, July 20, 2017

JUST IN: Osinbajo Presents N135.6bn Virement Proposal To NASS


Acting President, Prof. Yemi Osinbajo on Thursday presented a virement proposal of N135.6bn to the National Assembly.


The money is meant to cover projects in the Ministry of Works, Power, Housing and many MDAs.
Osinbajo signed the 2017 budget which was transmitted from the National Assembly to the Presidency at the Presidential Villa, Abuja last month.

Details Later

Thursday, July 13, 2017

Lawmaker Behind Amnesty Bill For Looters Should Be Punished - Itse Sagay

Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay, has described the bill seeking to grant amnesty to looters in the House of Representatives as disgraceful.


In a statement on Wednesday, Sagay said the sponsor of the bill, Mr. Linus Okorie should be punished.

He said: “Now what shall we do with Linus Okorie? I propose that the House of Representatives should regard Linus’s bill to be so impertinent and scandalous as to earn him a suspension from the House, for the rest of the 8th session, i.e., until July 2019. That should serve notice that Nigeria will no longer tolerate such brazen impunity and corruption or its promotion thereof.”

Sagay insisted that Okorie was promoting corruption through the bill.

“That a Nigerian legislator (a lawmaker) can have the effrontery to promote a bill which if enacted into law, will enable looters of our treasury and national patrimony to keep the loot, if only they can acknowledge it as looted, provided they undertake to spend it in Nigeria, is breathtaking.

“In summary, what Mr. Okorie is encouraging is free plundering of state funds without consequences. Simply put, it is the legitimating of treasury plundering. It is clear that if such a bill becomes law, the anti-corruption war is doomed.

“How do we punish this man for his total lack of morality, and his heedless, headlong promotion of looting without adverse consequences? I think people who come up with such shocking assaults on our common morality and sense of decency deserve a sharp rebuke coupled with sanctions,” he added.

By Ifreke Inyang

Wednesday, June 21, 2017

Court Rules That NASS Has Powers To Alter Budget


The Federal High Court, Abuja, has ruled that the National Assembly has the power to increase – or review upward – budget estimates laid before it by the executive.

This followed a suit by popular advocate, Femi Falana, in which he listed the President, the Attorney-General of the Federation, the National Assembly and the Auditor-General of the Federation as respondents.

The Plaintiff (Falana) had asked the Court to determine four questions whether;

1. By Section 81 of the Constitution, the National Assembly can increase or review upward any aspect of the estimates of the revenues and expenditure of the Federation for the next financial year prepared and laid before it by the Executive;

2. By Section 85 of the Constitution, the National Assembly can audit public accounts of the Federation, appoint auditors for statutory bodies or conduct periodic checks of all government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly in any manner whatsoever and howsoever;

3. By virtue of sections 88 and 89 of the Constitution, the National Assembly can summon corporate bodies and private individuals while conducting an investigation into any matter, and;

4. By virtue of section 214 of the Constitution, NASS can probe or investigate the allegations of corrupt practices, fraud, murder and other criminal offences committed in statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly in any matter howsoever.

He, therefore, prayed the court to declare unequivocally that by virtue of the stated sections, the legislative arm cannot increase budget estimates, or audit accounts of the Federation (or appoint auditors to do same), summon corporate bodies and private individuals while conducting an investigation into any matter, or probe/investigate allegations of corruption, fraud, murder and other criminal offenses committed by public officers, corporate bodies and individuals in Nigeria.

He also sought an order of perpetual injunction restraining the Parliament from increasing budget estimates laid before it by the Executive, auditing or appointing auditors to audit accounts of statutory bodies and public accounts of the federation or from conducting periodic checks of the accounts of government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly, and restraining NASS from probing or investigating allegations of corruption, murder and other criminal offenses committed by public officers, corporate bodies and individuals in Nigeria.

Judge Gabriel O. Kolawole, in his ruling, stated that the questions as posed by Falana’s counsel, bordered on interpretations of the specific provisions of the Constitution which relate to the exercise of the National Assembly’s constitutional legislative powers, and that the essence of the suit is that NASS, under the guise of exercising oversight functions, usurps executive powers; an assertion which the judgment subsequently nullified.

He stressed that the Nigerian Constitution, which is modeled largely after that of the United States, has “as its underpinning principle, the constitutional doctrine of separation of powers”, and that sections 4, 5 and 6 of the Constitution clearly state that the machinery of the government of the federation at both federal and state levels, is predicated on three equal and coordinate arms of government, i.e. legislature, judiciary and executive. He also observed that the drafting of the Constitution makes cooperation between all the arms compulsory, as, by design, none can operate by standing aloof of the others, and his gives rise to the need for checks and balances, which would help prevent dictatorship, as certain powers by an arm of government are subjected to review or ratification by another.

The judge, in his verdict, further noted that the whole purpose of sections 81, 85, 88 and 89 is to ensure that Executive and agencies under its control are subjected to some form of oversight by Parliament, and that since the National Assembly is constitutionally empowered to appropriate funds to be expended for the running of government, it therefore has powers of oversight to ensure those appropriated funds are properly administered.

“The legislature and the executive are subject to the interpretative jurisdiction of the Court as to the constitutionality or otherwise of the exercise of their respective powers”, he said, stressing the fact that it is the Judiciary which has the constitutional responsibility of preventing both arms of government from committing infractions of provisions of the Constitution.

Addressing questions put to the court by Falana, the Judge stated that “the National Assembly was not created by drafters of the Constitution and imbued with the powers to receive ‘budget estimates’ which the first defendant is constitutionally empowered to prepare and lay before it, as a rubber stamp parliament. The whole essence of the budget estimates being required to be laid before Parliament is to enable it, being the Assembly of the representatives of the people, to debate the said budget proposals and to make its own well informed legislative inputs into it.”

With regard to the question concerning the powers of the National Assembly to audit public accounts or appoint auditors, the Judge stated that while the Constitution does not explicitly grant this power, “in so far as that duty is vested in the Auditor-General of the Federation, Parliament still retains legislative oversight powers over the AGF even in respect of these matters.”

On whether legislators can summon private citizens, the Court also ruled that “when Parliament exercises powers to summon private corporate bodies in contrast to public bodies, or where it summons a private citizen, the inquiry it is going to conduct must be such that it is within legislative competence”, i.e. relating to matters contained in the Exclusive Legislative List, on which Parliament can legislate and/or amend existing laws.

On investigative powers, the court ruled that Parliament can, via resolutions, “direct agencies of government to conduct investigations, and where this is done in the legitimate and bona fide exercise of its constitutional legislative powers, to turn its reports to such agencies to aid them in their own investigations with a view, not to merely expose corruption, but to prosecute those found culpable.”

All seven reliefs sought by Falana against the National Assembly were, thus, not granted.
The judge further stated that; “no Court of law created and established pursuant to the provisions of the Constitution, 1999 as amended, in the legitimate exercise of its undoubted jurisdiction as the guardian of the Constitution and on the basis of the doctrine of separation of powers enshrined in the Constitution, can prospectively grant the restraining orders sought by the plaintiff (Falana) against the 3rd Defendant (the National Assembly) as the Legislative Arm of the Government of the Federation.”

The case, with number FHC/ABJ/CS/259/2014, was initiated in 2014, and judgment was issued in March, 2016 and was not appealed by any of the parties.


Daily Post

Thursday, June 15, 2017

Dogara Says NASS Has Constitutional Powers To Alter The Budget


The Speaker of the House of Representatives, Mr Yakubu Dogara, on Thursday said that the National Assembly has powers to alter national budget according to the desire of the citizens.

He stated this during plenary after Rep. Abubakar Lawal (APC- Adamawa) drew the attention of the lower chamber to Acting President Yemi Osinbajo’s remarks.

Osinbajo’s was reported in the media to have said that the power of appropriation was vested with the executive.

According to Dogara, it is left to the judiciary to interpret which arm of the government has the powers to alter the budget according to the Constitution.

“This issue is left to the judiciary to interpret to us as to what arm of government has power to do what. For me, this is not an issue we should dwell so much on.

“I don’t want to believe that the Acting President made that statement because when it comes to the budget, the power of the purse rests with the parliament.

“The executive is just one man; every other person in the executive arm is answerable to the president alone. The relationship is that of master and servant, but for the parliament, it is that of equals.

“Even, when the president hasn’t said anything, everyone is trying to read what the body language is; the basis of democracy is collaboration.

“In the case of the budget, if the parliament disagrees with the executive, the worst that would happen is that they will refuse to sign the budget.

“In that case, we can override the veto of the President and pass it into law.

“The worse the Executive can say is that they will not implement. The question then will be, is that the law of the land? Anyone with honour, who is in the seat, should know the right thing to be done.

“In case of the executive, everyone knows the consequence and I don’t want to mention it by its name.

“This house is not going to be a rubber stamp to the executive arm.

“In the United States where we borrowed our Constitution from, once the president walks into the chamber with the budget proposal, it becomes dead on arrival.

“It is therefore what the parliament decides that brings it back to life.

“The priority of the people may not be that of the executive. This kind of talk is not helpful, so we shouldn’t even take a debate on the issue,” Dogara said.

Earlier, mover of the motion, Lawal, stated that the acting president’s speech had undermined the powers of the national assembly.

“I read in the media where the acting president was quoted as saying that the national assembly does not have the powers to alter the country’s budget.

“This will undermine the powers that sections 4, 5 and 9 of the Constitution have given the National Assembly, the power to make laws.

“Order 12(19) spells out the procedure, so for someone to come out and say that we have no power, it’s a breach of our privilege,’’ he said.

Osibanjo had while signing the 2017 Appropriation Bill on Monday stated that the alteration of the budget by the national assembly had distorted the plans of the executive in implementing the 2017 budget. 
(NAN)