Olisa Agbakoba: asks National Assembly to reject Buhari’s 2018 budget

Lagos lawyer and a former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) has asked the National Assembly to reject the 2018 Appropriation Bill submitted to it by President Muhammadu Buhari.

The lawyer and human rights activist in separate letters to the Senate President, Dr Bukola Saraki, and Speaker of the House of Representatives, Yakubu Dogara declared by the appropriation bill as unconstitutional over claims that the President did not comply with the provisions of the 1999 Constitution in compiling and presenting it, according to This Day newspaper.

The lawyer argued that the president can only present the budget of the executive and not that of both the judiciary and the legislature.

He said: “Sections 81 to 84 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) set out the procedure for preparing the Appropriation Bill.

“The 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.

“Unfortunately, the executive has failed to comply with this procedure by laying before the National Assembly estimates of revenues and expenditure for the Judiciary.”

He cited the ruling of a Federal High Court in a suit he instituted against the federal government to back up hic claims.

According to the lawyer, the court had in the  case – Olisa Agbakoba Vs Attorney General of the Federation and Others with SUIT No. FHC/ABJ/CS/63/2013  held that it is unconstitutional for the executive to prepare the budget of the judiciary.

Justice A.R. Mohammed of the Federal High Court Abuja had in May 26, 2014 declared that the continued dependence of the judiciary on the executive arm for its budgeting and funds release violates Section 81 (2) and Section 84(1), (2), (3), (4) and (7) of the 1999 Constitution.

Agabkoba added that, “The National Assembly should request the National Judicial Council (NJC) 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, harmonised as a bill and presented to the president for his assent.

“We are unaware if the National Assembly has laid it budget estimates. But please note that if after sevem 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.”