Agbakoba writes national assembly: 2018 budget is unconstitutional

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.”

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.”