Against the background of allegations of budget padding and abuse of
public trust by the leadership of the House of Representatives,
Socio-Economic Rights and Accountability Project (SERAP) has told the
Speaker of the House of Representatives, Yakubu Dogara that, “There is
absolutely no constitutional provisions that grant to members or leaders
of the House of Representatives the power to insert projects in the
budget.”
The organization said that “the idea of members of the National Assembly
allocating projects to their constituencies and then approving such
projects is a grave and direct affront to basic constitutional principles
of equity, fairness, transparency, accountability and separation of
powers.”
SERAP’s statement signed by its executive director Adetokunbo Mumuni is in
response to Mr Dogara’s defence of the decision of the lower chamber to
unilaterally insert 2,000 items into the 2016 budget after former Chairman
of Appropriation Committee, Abdulmumin Jibril accused the principal
officers of padding the budget.
According to Mr Dogara, “So the budget being a law, therefore, means that
it is only, I repeat, only the parliament that can make it because it is
law and I challenge all of us to look at the law and tell me where it is
written that the President can make the budget.” Jibril alleged that the
speaker had allocated projects worth N4 billion to his constituency,
leaving 359 other members of the lower chambers “to share the remaining
N36 billion out of N40 billion unilaterally inserted in the budget.
But SERAP disagreed with Mr Dogara, stating that, “The practice of
constituency projects directly undermines the 1999 Constitution (as
amended), which provides the framework for rule of law, separation of
powers, checks and balances amongst the organs of government. It’s
contrary to the public interest; inequitable, disproportionate, unfair and
a clear case of conflict of interest for leaders of the National Assembly
to enjoy unbridled discretion in the allocation and diversion of projects
to their constituencies.”
According to SERAP, “To justify project insertion in the budget is to
place the interest of the leaders of House of Representatives over and
above the public interest.”
SERAP’s statement reads in part: “The constitutional role of the National
Assembly is limited to the authorisation of any public spending by the
executive and not insertion of projects in the budget. Authorisation of
public spending literally means official permission to take a step and
doesn’t equate insertion of projects in the budget. The House of
Representatives absolutely has no power to insert any projects in the 2016
budget that was not originally part of the estimates of the executive in
the Appropriation Bill.”
“If it’s true that some projects were arbitrarily and unlawfully included
in the 2016 budget by some leaders of the House of Representatives, then
those portions of the Appropriation Act would be deemed void under section
1 of the 1999 Constitution, which provides for the supremacy of the
constitution and that any other law (including the Appropriation Act)
which is inconsistent with constitutional provisions will be deemed void
to the extent of the inconsistency.”
“The Attorney General of the Federation and Minister of Justice Mr
Abubabar Malami SAN, should move swiftly to approach the court to set
aside those portions of the budget that were not parts of the original
estimates submitted by President Muhammadu Buhari to the National
Assembly. Alternatively, Mr Malami should advise President Buhari not to
implement the aspects of the budget that were padded.”
“Mr Malami should also test the constitutionality of the practice of
constituency projects if corrupt practices and abuse of power in the
design and implementation of national budget are to be effectively
prevented and combated. This proposed action will serve the best interests
of all and the general welfare of Nigeria, especially the victims of
corruption who continue to be denied the right to an effective remedy.”
“Granted that a major component of the oversight function of the National
Assembly is to consider and pass the Appropriation Bill into law and that
no money can be withdrawn or spent from the Consolidation Revenue Fund or
any other public funds except with the authorization of the National
Assembly. But this oversight function cannot and should never be used as a
pretext by the leadership of the House of Representatives to assume
inherently executive functions whether directly or by proxies.”
“Nigerians have never received value for money in the execution (if at
all) of any consistency projects. The practice also directly violates the
Procurement Act 2007 which regulates the mode of procurement of goods and
services in any government or governmental institutions, thus promoting
public accountability, probity, transparency and openness in such
transactions.”
“Specifically, the Act requires that the process of bidding and the choice
of the suppliers of any service or goods are made open to all persons or
business entities that are qualified for the process.”
“SERAP is seriously concerned that there is little or nothing to show on
the ground for the over N900 billion appropriated for constituency
projects between 2004 and 2013 alone.”
“The leaders of the House of Representatives will do well to focus on
their primary constitutional duty of making laws for the peace, order and
good government, and performing oversight role on spending of public funds
rather than engaging in inherently execution functions of designing and
executing projects This will enhance the operation of the sacred principle
of separations of powers and the ability of the House to properly hold the
executive to account for spending of public funds.”