Budget alteration: Issue of going to S’Court delicate – AGF’s aide

.Says only Malami can take definite decision on the matter

.Ozekhome calls for Amendment of constitution

As the tussle between the Executive and the Legislative Arms of government on the power of the National Assembly to insert new projects in the 2017 Appropriate Act rages on, the Special Adviser on Media and Publicity to the Attorney General of the Federation and Minister of Justice, Comrade Salihu Othman Isah, disclosed on Tuesday that the issue of seeking the definition of appropriation at the Supreme Court is delicate.

Isah, who declined to give details to The Daily Times over fresh controversy on the propriety of introduction of about 400 projects by the National Assembly in the Appropriation Act, said that the AGF is in right person to make the clarification.

According to him, the issue is very delicate for him to comment on it.

He said: “The Minister is currently out of the country and so you will have to wait until he comes back because nobody can speak for him. The issue is too delicate.

“It is only when he comes back because we cannot even reach him on phone now” he added.

Meanwhile, some Senior Advocates of Nigeria have advised the Executive to go to the Supreme Court and test the validity of the National Assembly inclusion of projects in the budget.

A Senior Advocate of Nigeria, Ahmed Raji, said that in a civilised society, the appropriate thing to do in such circumstance is to approach the Supreme Court for interpretation of the constitution.

Also, another Senior Advocate of Nigeria, Mr. Femi Falana, who lent his voice on the development, said that it is high time the Federal Government approach the Supreme Court for interpretation, because Section 81 has empowered the executive to prepare and lay the budget before National Assembly.

He said it is inappropriate for the National Assembly to alter the budget to include projects that were not contained in it.

Another Senior Advocate of Nigeria, Sebastine Hon, who also shared the same views, said going to the Supreme Court is the only alternative that will put to rest all the controversies surrounding the alterations in the 2017 Appropriation Act.

He noted that since the budget has been signed, anybody can go to the Supreme Court to seek the clarification since the move will have nothing to do with the signing of the budget.

On his part, a Senior Advocate of Nigeria and constitutional lawyer, Chief Mike Ozekhome, called for the amendment of Section 82 of the 1999 constitution to reduce the powers of National Assembly on appropriation.

He said the controversy will continue to linger on unless the section is amended.

He also said that the sections 80, 81, 82, 83 and 152 of the constitution gave robotic powers to the National Assembly and therefore it cannot operate as a rubber stamp.

He said the constitution allowed for the doctrine of separation of powers, adding, “When the executive implements, National Assembly approves; it can order, amend, add, subtract and multiply to give new projects different from what the executive has proposed to sign into law”.

He further called on those he described as “wailing wailers” who believe that the National Assembly can be tossed around to sheath their sword and allow them to do their work.

It would be recalled that fresh controversy arose recently over the propriety of introduction of about 400 projects into the 2017 Appropriation Act by the National Assembly but the lawmakers had insisted that they have the power to not only alter the estimates but introduce fresh projects.

While the executive anchored its power on section 81 of the 1999 Constitution (as amended), the legislature insisted on its power by virtue of section 80 of the constitution.

The Senate and the House of Representatives before proceeding for a two-week recess last week declared vehemently that the power to appropriate on budget matters rests exclusively with the National Assembly, both quoting sections 59, 80, 81, 82 and 83 to back up their claims.

The Senate President, Bukola Saraki and the Speaker House of Representatives, Hon. Yakubu Dogara, had almost simultaneously taken up issues with Acting President Yemi Osinbajo and had implied that Osinbajo was probably oblivious of the provision of the constitution before accusing the lawmaking arms of introducing fresh 400 projects into the 2017 Budget.