Osinbajo to NASS: You lack power to modify Appropriation Bill

. Decries late passage of 2017 Budget

.Orders Security chiefs to protect all Nigerians, property

Barely 24 hours after signing the 2017 Appropriation Bill into law, Acting President Yemi Osinbajo, on Tuesday, lashed out at the National Assembly, saying that the lawmakers lack the power to introduce new projects or modify those contained in an appropriation bill.

Osinbajo stated this while flagging off the 2018 budget preparation process based on the Economic Recovery and Growth Plan at the Old Banquet Hall of the Aso Rock Presidential Villa in Abuja.

The acting president further challenged the propriety of the lawmakers to introduce new projects or modify the ones prepared by the executive, insisting that the action is illegal and tantamount to usurping the power of the executives.

He further decried the late passage of the budget, saying that it is regrettable that the document took a long time before it was passed.

He said: ” I am sure that we understand not just how to do it right, but to get it done in good time.
“This last budget, the president presented it last December. Despite the assurances that it will be passed by February, it was not until May.

“As it turned out, we were quite disappointed that it spent a bit of time before it was approved.

“And thereafter, we had to go into negotiations with the National Assembly in order to get it right.

But the acting president also gave a hint of different understanding of the power of appropriation, suggesting that the executive may seek correct pronouncement from the Supreme Court over the legality of appropriation in the 2018 Budget.

He said: “There are issues about who can do what. Now, there are these two broad issues about who can do what. The first report is about who can do what. When you present budget to the National Assembly, it is presented as a bill, an appropriation bill.

“And secondly, do not introduce entirely new projects and all of that or modify projects. This is something that we experienced last year and this year again. It now leaves the question about who is supposed to do what.”

But responding, a ranking Senator, who pleaded not to be named, said the power of appropriation rests essentially with the legislative arm of government and not the executive, stressing that the Appropriation Bills from the executive arm of government has always been subjected to a thorough scrutiny by the legislature.

The Senator alluded to section 81 of 1999 Constitution (as amended), which according to him, states: “The president shall cause to prepare and lay before each houses of National Assembly in each financial year, estimates of the revenues and expenditures of the federation for the next following year”.

“As far as budgeting was concerned, the power to appropriate resided with the National Assembly. The National Assembly has the right to either increase or reduce budget. It is there in the constitution. So, we are empowered by law to appropriate,” he added.

Also reacting, some Senators disagreed with the acting president, stressing that the National Assembly is the only arm of government empowered by the Constitution to not only amend the appropriation bill but to also alter it as may be deemed necessary.

In his own comment, the Chairman of the Senate Committee on Ethics and Privileges, Senator Samuel Anyanwu, said the National Assembly has every right to either introduce new projects or modify the budget.

He said: “It depends on the premise upon which the Acting President is coming from. Otherwise, if we don’t have the right, why do they send it to us? The National Assembly is constitutionally empowered to do that. It has the power to alter the Bill and its content”.

In a quick reaction however, some Senators disagreed with the acting president, stressing that the National Assembly is the only arm of government empowered by the Constitution to not only amend the appropriation bill but to also alter it as may be deemed necessary.

Although the Senate spokesman, Senator Abdullahi Sabi, could not be reached as at the time of filing this report, one of his aides hinted that he (Sabi) would prepare a comprehensive response to explain the part played by the Senate in delivering the 2017 Budget for assent by the Acting President.

There have been reports that the executive arm was already taking steps to seek a judicial interpretation of the constitution on the limitations of the lawmaking arm on budget and power of appropriation.

The acting president had earlier on Tuesday kicked off the 2018 budget preparation process a day after he assented to the 2017 Appropriation Bill.

However, the Minister of Budget and National Planning, Senator Udoma Udo Udoma, will present the breakdown of the just-signed 2017 Budget to the general public on Monday, June 19, 2017 at the Rotunda Hall of the Ministry of Foreign Affairs headquarters in Abuja by 10.00am.

In another development, Acting President Yemi Osinbajo has warned that no one will be allowed to get away with making hate speech that can cause sedition or violence, adding that the Federal Government will deal decisively with such a recalcitrant person.

Osinbajo gave the warning on Tuesday after a closed door meeting with elders from the northern part of the country at the Presidential Villa, Abuja.

He noted that when people make divisive pronouncements and do things that can cause violence or destruction of lives and property, they would not be in control of the aftermath, stressing that, “those who make those speeches are no longer in control.”

According to him, the Federal Government will take very seriously any attempt to cause violence or disrupt the peace of this country.

He said: “As a government, we are determined to ensure the unity of the country along the lines of our constitution and I want to say that hate and divisive speech or divisive behaviour where it is illegal will be met with the full force of the law. That is very important because you cannot control violence once it begins.

“Every form of violence, every form of hate speech, and any stone that is thrown in the market place will hit targets that are going to be deadly. So I need us to be fully conscious of that and the Nigerian people must be made to be fully conscious of that so that we do not create a crisis that is not intended.

“As part of living together, I know that misunderstandings and frustrations will always arise and people will always want to get the best part of the deal but we must be careful to recognise that we can only begin to talk about any part of anything if we are together in peace.

“These days, wars do not end and I am sure that those who have seen or experienced war in any shape or form will not wish it on their worst enemies.”

According to Osinbajo, this is not a time to retreat behind ethnic lines, adding that “moments like this are not for isolating ourselves. I want to urge all of us here and the entire Nigerian populace to come together and work together.

“I want to ensure that there is no doubt at all that it is the resolve of the government that none will be allowed to get away with making speeches that can cause sedition or that can cause violence especially because when we make these kinds of pronouncement and do things that can cause violence or destruction of lives and property, we are no longer in control. Those who make those speeches are no longer in control.”

“So I want to emphasise that government will take very seriously any attempts to cause violence or disrupt the peace of this country. And that is very important because you cannot control violence once it begins,” Osinbajo added.

Those at the meeting include Senate President Bukola Saraki; Speaker of the House of Representative, Hon. Yakubu Dogara; Chief of Defence Staff, Gen. Gabriel Olonishakin; Chairman of Arewa Consultative Forum and former Inspector General of Police, Ibrahim Comassie.

Others in attendance include Prof. Ango Abdullahi; former Governor Sokoto State, Aliyu Wammako; former Deputy Governor of Plateau State, Pauline Tallen; Publisher of Leadership Newspapers, Sam Ndah-Isaiah; Paul Unongo; AVM Murkar and Chairman, Liberty Radio/Television, Tijani Ramalan and the Editor-in-Chief of Daily Trust, Dan Ali, among others.

Also, the Acting President has ordered the security chiefs to ensure that all lives of Nigerians and their property are fully protected at all times and always, anywhere in the country.

Osinbajo gave the directives during a meeting with the security chiefs over the weekend.

A statement by his spokesperson, Laolu Akande, said the acting President gave the directive in response to the recent ultimatum by a coalition of northern youth groups to Ndigbo to leave the northern region before October 1, 2017.

Meanwhile, the flagging off the 2018 budget preparation process on Tuesday was anchored by the Ministry of Budget and National Planning while the process is to ensure that the 2018 Budget aligns with the provisions of the ERGP and is ready for presentation to the National Assembly by early October this year.

Both the Acting President and the Minister of Budget and National Planning, Senator Udoma Udo Udoma, who addressed Ministers, Permanent Secretaries and heads of government agencies spoke of the need to reinvigorate the budget preparation process and ensure that the 2018 and subsequent national budgets are ready for implementation by January of the budget year.

The Acting President said “going forward, we have agreed with the National Assembly leadership on the necessity to get Nigeria back onto a predictable January to December fiscal year. To achieve this, the 2018 Budget needs to get to the National Assembly no later than early October so that the National Assembly can conclude work on it before the end of the year.”

Osinbajo stressed the need for direct involvement of Ministers, Permanent Secretaries and heads of government agencies in the preparation of their respective establishments’ budgets.

He said: “Ministers and Permanent Secretaries are to take responsibility to ensure that as much as possible of their 2017 Budget is implemented between now and December. They are also to be personally involved in the process for the preparation of the 2018 Budget to ensure that we meet the deadline of submitting it to the National Assembly by early October 2017”.

According to Osinbajo, government officials must fast-track the implementation of the 2017 Budget to make up for the lost time and to deliver on expectations. It also means they have to work faster on procurement issues and effectively manage resources, which he said are very scarce.

He pointed out that Personnel Costs have continued to be a source of budgetary pressure and therefore tasked all MDAs to collaborate with the Ministry of Budget and National Planning, as well as the Ministry of Finance, in their efforts to ensure that only legitimate employees are on the payroll, including full implementation of the IPPIS.

He also tasked the top government functionaries to pay serious attention to the revenue side of the budget as government needs to improve on revenue generation for the funding of the budget.

Speaking in the same vein, Senator Udoma reminded the officials that the 2018 Personnel Budget Call Circular had been issued to them since April this year and that work has already commenced on the 2018-2020 Medium Term Expenditure Framework /Fiscal Strategy Paper(MTEF/FSP).

He said the Fiscal Responsibility Act (FRA) 2007 prescribes certain deadlines for Budget related activities, which government must endeavour to comply with.

These objectives, he said, are particularly important for a government which has a change agenda. “Delayed national budgets are generally considered as indicative of poor public financial management which is not good for the image of the Government”, he pointed out.

The Minister noted that the 2018 budget will be the first full-year budget following the finalisation of the Economic Recovery and Growth Plan (ERGP) and that it is imperative that it is fully aligned with the objectives/priorities of the ERGP.

“The 2018 budget process is therefore being harmonized with the Implementation Roadmap for the ERGP”, he added.
The Tuesday session, he explained, was aimed at sensitising all top government functionaries and other stakeholders on the ERGP Implementation Roadmap and the critical guidelines for the preparation of the 2018 Budget, to ensure that the 2018 budget is fully aligned with the ERGP.

Meanwhile, Minister of Budget and National Planning, Senator Udoma Udo Udoma, will present the breakdown of the just-signed 2017 Budget to the general public on Monday, June 19, 2017 at the Rotunda Hall of the Ministry of Foreign Affairs headquarters in Abuja by 10.00am.