Rather than assent to the N4.987 trillion 2013 budget forwarded to
him for assent in the third week of January, President Goodluck Jonathan
will this week return the document to the National Assembly. The
President presented a N4.902 trillion budget to a joint sitting of the
federal legislature last October. He has, however, refused to sign the budget because of some
“discrepancies” and “anomalies” which were hitherto not in the document
submitted to the National Assembly.
Although the National Assembly is unhappy that the document is being
returned, plans are afoot to “adjust” the budget when it is eventually
returned. Sources said yesterday that “the budget will definitely be
returned this week. The President has already notified the National
Assembly that the budget, as passed, cannot be implemented in its
present form.
There have been several meetings to that effect and already, the
Appropriation Committees in both chambers are already working on the
figures to adjust in the budget when it is eventually returned.”
Besides, it was learnt that three areas of contention in the budget have
been highlighted by the two arms of government: the zero budget for the
Securities and Exchange Commission ((SEC), a clause on capital budget
implementation in 2013 and allocations for constituency projects of
federal lawmakers.
The Presidency is reportedly angry that the lawmakers gave preference
for their constituency projects over and above capital projects
presented by the executive. National Assembly sources said that
“lawmakers have already told the executive that they have the
constitutional right to work on the budget.
If the executive arm of government is not satisfied with the budget
presented to them, so be it. “We are ready to receive the budget from
the executive. Let them bring it.” Another source, however, disclosed
that “the National Assembly is ready to listen to the complaints of the
executive with regards to the budget. We both agreed on constituency
projects before the budget was passed by the two houses.”
Recall that the Chief Economic Adviser to the President, Dr. Nwanze
Okeidegbe, told newsmen at the weekend that the executive and
legislative arms had reached an understanding on the 2013 budget.
Meanwhile, an activist and constitutional lawyer, Fred Agbaje, said
yesterday that Jonathan cannot sign or withhold his assent to the budget
anymore. In a statement yesterday, Agbaje noted that the constitutional period
of 30 days within which the President could do that has since expired.
According to him, any signature by the President now would be
constitutionally illegitimate. “I have listened to the news as to the
constitutional implications of the presidency not signing the budget
within 30 days.
Some lawyers and politicians say the President can still sign it this
week. I laugh! The Constitution is very clear as to the 30 days within
which the President could either sign or withhold his assent. That
constitutional period has since lapsed. Any purported assent now by the President outside the 30 days is
completely devoid of any constitutional legitimacy. It is an exercise in
constitutional futility,” he said. Agbaje said that it is mandatory for
the President to obey the constitutional interpretations by the Supreme
Court especially when it uses the word ‘shall.’
“All cases of constitutional interpretations by the Supreme Court
bordering on the phrase ‘shall in the Constitution’, have been held to
be mandatory not mere directives. This has been the Supreme Court’s
position since 1981 in the AG Bendel versus AG Federal and 22 others;
Alegbe versus Oloyo, 1983; Ifezue versus Mbadugha 1984 and the recent
election cases which must terminate at 180 days in consequences of the
new amendment to the Constitution,” Agbaje said.
Culled from The Sun Newspaper
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