Opinion
By Yemi Adebowale
THE Executive is persistently weeping up sentiment and inciting Nigerians against the National Assembly when it comes to budget issues. This nauseating budget politics reared its ugly head again during the passage and signing of budget 2018. The Executive has been mischievously wailing that federal lawmakers distorted the budget by adding new projects and reducing figures for some others. Suddenly, it can no longer remember that a court of law in June 2017 ruled that NASS does not exist to rubber stamp Presidency and that NASS has powers to add, reduce and remove from budgets. Our lawmakers have the power to review budget estimates laid before it by the Executive arm of the federal government, so ruled the court. It is pertinent to shed light on this ruling so that this game of deceit by the Executive and some pretentious elite can crumble.
In 2017, Lagos lawyer, Femi Falana, asked a Federal High Court in Abuja to determine whether by section 81 of the Constitution, the National Assembly can 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
In his prayers, Falana sought the court to declare unequivocally that 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 offences committed by public officers, corporate bodies and individuals in Nigeria.
Justice Gabriel Kolawole, in his ruling, stated that the questions 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 was that NASS, under the guise of exercising oversight functions, usurps executive powers; an assertion which the judgment nullified.
The Judge stated: “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.”
During the course of the case, Falana failed in his desire for an order of perpetual injunction restraining the National Assembly from increasing budget estimates laid before it by the Executive. It should be noted that all the seven reliefs sought by Falana were dismissed by Justice Kolawole. Evidently, the court concurred that the National Assembly has the constitutional power to subtract or add to budgets submitted to it by the Executive. Within the context of Sections 4, 80 and 81 of the Constitution, everything done to budget 2018 and previous ones are within its powers. Falana did not appeal this judgement. So, it stands. Unfortunately, most of our human rights activists have become pro-government activists and collect briefs from government agencies and departments.
On the flip side, this is the first time in the history of this country that we are having a truly independent National Assembly; a strong and vibrant Legislature, working as an independent arm of government in conformity with the constitution of our land. This is what the Buhari-led Executive is finding too bitter to swallow. Many in this part of the world are used to seeing the Legislature working as an appendage of the Executive; we are used to seeing lawmakers operating as errand boys of the Executive and taking everything thrown at them by the President. Back then, the Executive changes the leadership of lawmakers at will, whether at state or federal level.
As a result, some Nigerians think this current independent Legislature at the federal level is an aberration. I am shocked that some think it is wrong for the Senate to truly scrutinise, and if unconvinced, reject nominees of the President for appointments. This ill-informed people also think it is wrong for the Legislature that has the power of appropriation to take charge of our annual budgets. For the record again, the Legislature has exclusive authority to amend budgets. It is appalling to see many unnecessarily excoriating the Legislature for asserting itself this time around and playing its constitutional role.
Yes, this is the most powerful Senate in the history of Nigeria and it is good for our democracy. Way back, senators were mainly nominated by their godfathers. This 8thSenate is dominated by people who made it to the Red Chamber on their own. This is why the Senate in particularly, has been operating as an independent arm of government as prescribed by our laws.
Because this strong Senate has refused to work as an appendage of the Executive, all sorts of steps are being taken to rubbish the red chamber and make the lawmakers look like criminals before Nigerians. One of cheap blackmail the Executive has been peddling for almost two years now is saying that corruption in the Legislature is fighting back. Haba! I am not saying all federal lawmakers are saints, but to cast aspersion on the entire Legislature is most uncharitable.
The Executive also uses the so called “huge” budget of the Legislature to paint them black before Nigerians. The Executive will not tell Nigerians that salaries of over 2000 civil servants working in the National Assembly are also paid from the budget of the Legislature. Capital and recurrent expenditures of the National Legislative Institute of Nigeria, The Public Complaint Commission and the National Assembly Service Commission are also covered by this budget.
Now to the big question: Do we really need a very strong, vibrant and independent Legislature? The answer is an emphatic yes. A Legislature operating according to its constitutional role as an independent arm of government is “win win” for democracy and the people of the country. It is imperative for the success of any democracy, because democracy thrives on checks and balance. A strong Legislature is necessary to check the excesses, lawlessness and over-bearing influence of the Executive in this part of the world.
For me, the Buhari-led Executive must learn to work with the National Assembly in the interest of our nation, instead of resorting to blackmail. Lobbying tools must be effectively used here. This is the standard in developed democracies. In fact, in the United States, the Executive engages professional lobbyist to smoothen relationship with the Legislature. In this part of the world, many think more of bribery when they hear somebody recommend “lobbying.” This is a misleading perception.
Lobbying is not about giving bribe. It is more about goodwill and making concessions. For example, offering a new health centre to a Legislator in his constituency may see him contributing to swift passage of a particular Executive Bill. So, the Buhari-led Executive should move quickly and engage professional lobbyists capable of abiding by global standards. This is the way forward for our nation.
This article was published in THISDAY Newspaper June 30, 2018
– Jul. 2, 2018 @ 10:15 GMT |
Tags: Add to Budget N’Assembly Legally Allowed to Subtract
