*Cites Constitutional Violations, Warns Rivers Assembly of Legal Action on Budget
The Rivers State House of Assembly has been issued a Pre-Action Notice by the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), urging compliance with constitutional provisions for enacting the 2025 Appropriation Bill.
In a letter signed by K. A. Amadi, Esq., of Ibuchim Chambers, and addressed to the Speaker of the Rivers State House of Assembly, ALDRAP emphasized the need for due process in the passage of the state’s annual budget. The legal body, comprising legislative drafting experts and practitioners across Nigerian and African legislatures, warned that failure to comply within seven days would result in legal action to compel adherence to constitutional requirements.
ALDRAP cited Chapter 5, Part 2, Section 122 of the 1999 Constitution of Nigeria, which outlines the procedures for authorizing government expenditures in situations where an appropriation bill has not been passed into law at the start of a financial year. The association stressed that both Governor Siminalayi Fubara and the Rivers State House of Assembly must follow the legally prescribed steps in re-submitting and enacting the budget.
The letter also detailed a comprehensive budget preparation process—drawing references from best practices, including the Enugu State budget process—which involves:
Annual Budget Call Circular issued to Ministries, Departments, and Agencies (MDAs).
Preparation of Budget Proposals by MDAs and submission to the Ministry of Budget and Planning.
Bilateral Discussions between the Executive and the legislature to ensure fiscal discipline.
Draft Budget Review and Approval by the State Executive Council (EXCO).
Formal Presentation of the Budget to the State House of Assembly, leading to legislative approval.
Governor’s Assent to officially enact the budget into law.
ALDRAP made it clear that any failure by the House of Assembly to comply with these procedures within the stipulated timeframe would prompt legal intervention.
Pre-Action Notice fromAssociation of Legislative Drafting and Advocacy Practitioners (ALDRAP)
The association emphasized its readiness to seek judicial orders compelling adherence to constitutional and procedural requirements.
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