Pressure is now mounting on the Attorney General of the Federation AGF and Minister for Justice Mr. Abubakar Malami, SAN, to go to the Supreme Court and file a matter over the propriety power of appropriation on the budget by the National Assembly. The Executive and the Legislative arms of government are presently engrossed in controversy over the introduction of fresh projects into the 2017 budget by the National Assembly.

Acting President Yemi Osinbajo (SAN) had raised the alarm during the signing of the budget into law and insisted that the lawmakers lacked the power to alter the budget. The Minister of Power, Works and Housing, Mr. Babatunde Fashola (SAN), further raised the red flag when he stated that the lawmakers introduced local projects like boreholes and primary health care centers into his ministry while slashing the estimates on Lagos-Ibadan Expressway, Second Niger Bridge, Shiroro Dam and other core projects of national importance.

But the spokespersons of the lawmakers fired back, saying that Fashola’s outburst was due to the fact that his projects are sectional and have the penchant to be awarding contracts. The minister however replied the lawmakers, saying that they should address issues he raised and not personal attacks. But The Daily Times in the course of investigation gathered that the ministers were not happy over the development. Some ministers also confided in our correspondents that they have directed the AGF to go to Supreme Court and file a suit on the matter in order to resolve the issue once and for all. The ministers, who sought anonymity because of the sensitive nature of the matter, insisted that there is the need to put an end to the yearly alterations of budget that have direct impact on average Nigerians. The ministers added that in spite of the sacrifice and concession made to lawmakers, members of the National Assembly still go ahead to change budget estimates to suit their personal needs at the expense of national interest.

The Daily Times further gathered that this system of introducing fresh projects after the budget had been laid before the lawmakers started in 1999 and it has now been perfected to the extent that the lawmakers see no reason why they should not include their own project to in the budget. One of the ministers told Daily Times that,”We have to stop this nonsense once and for all. I can tell you authoritatively that the lawmakers introduced their own fresh projects in all the ministries.

No ministry was spared, strange and bogus projects. “For God sake, what is the work of states and local governments if the issue of boreholes, tricycles, golf cars will now be the responsibility of Federal Government? “Can you imagine that some of the lawmakers went as far as introducing N180million project that has no bearing with my ministry”. Another minister said, “How can we implement this year’s budget? I will say something that will shock you.

Realizing the experience of last year, I conceded about N4billion projects to the lawmakers, yet they still went ahead to introduce fresh projects in my ministry’s budget. “Some of us had wanted to challenge this but we later resolve that it is only at the apex court that can settle this.

We want to challenge them over what happened in 2016, where strange projects otherwise known as “padding” were introduced but when a similar thing again happened in 2017, we felt the time has come for the Supreme Court to tell Nigerians who has the power to prepare the budget and lay it before the lawmakers; who will now go through it and find out if there are repetition of projects or figures. The constitution did not say that the lawmakers should introduced fresh projects in the Budget. “We are of the opinion that the lawmakers are only interested in their local and selfish projects. “We are on the same page with Fashola. In fact, he is speaking the minds of most of the ministers.

He has been a two-term governor of cosmopolitan Lagos State and his argument is solid on this issue. “And that is why we have urged the AGF to file the suit at the Supreme Court in the overall interest of the country.” When asked when the AGF will file the suit, the minister replied that the action would take place shortly.

One of the ministers further disclosed that it could have been better if there is an arrangement where the lawmakers will approach the Executive arm of government to inform them of their projects so that it can be included in the budget rather than altering the figures after it has been defended and approved. The minister said, “It is unbelievable and shocking that after the preparation of the budget, the defence of the estimates and the public hearing, the lawmakers will thereafter introduce their own projects without proper costing, analysis and other measures.

The Daily Times recalls that the Minister of Power, Works and Housing, Mr. Babatunde Fashola, had raised the alarm over the insertion of projects outside the purview of his ministry in the 2017 Appropriation Act by the National Assembly. Fashola, a senior advocate, had said that it was unfair for the Executive arm to include such projects after public hearings on the budget and defence of the fiscal estimates by the ministries.

He said, “What I have in my budget now is primary healthcare centres and boreholes.” He attributed the development to the reason why the 2017 budget was not signed on time by the Acting President, Professor Yemi Osinbajo. Speaking on the Lagos-Ibadan Expressway, Fashola said, “we were asked to complete those abandoned projects; but the budget of Lagos-Ibadan Expressway was reduced by the National Assembly from N31bn to N10bn. “We owe the contractors about N15bn and they have written to us that they are going to shut down.

He also lamented that the 2nd Niger Bridge was slashed from N15bn to N10bn “ the budget of the 2nd Niger bridge was reduced from N15bn to N10bn and about N3bn or so was removed from the Okene-Lokoja-Abuja road budget.’’ “Everybody is complaining about power supply but they also cut the budget for Manbila power project and the Bodo bridge that connects the Nigeria Liquefied Natural Gas Station was also cut and all these were also discussed.

“If after we have defended the budget and we had gone and the legislature unilaterally changed the budget, what is the purpose of deliberation?’’ According to Fashola, it is unfair to Nigerians after public hearings were conducted with taxpayers’ money and consultations with the lawmakers only for the budget to be altered, cut or padded. The minister said that apart from the 200 uncompleted roads he inherited from the previous administration, the lawmakers added 100 roads.

“These roads are not federal roads and some of them do not have designs, how do we award roads that were not designed irrespective of the power you have? “It is unconstitutional for the National Assembly to legislate on state roads. “A budget is an estimation plan that set in motion what is to be spent, how much will be borrowed and how much will be collected.

“The executive controls all the machinery for collecting taxes and other revenue with relevant data from the Ministries of Finance, Physical Planning and the Budget Office and others. “I am not saying that the legislature cannot contribute to the budget, but I hold the view that it cannot increase the budget because they do not collect the revenue with which to run or implement the budget,’’ he said.

Fashola, who held sway as Lagos State Governor between 2007 and 2015, canvassed interdependence and collaboration among the three arms of government rather than independence to ensure a harmonious relationship. The minister said that without it, the country would not make progress and would be bogged down by the politics of total separation of power and what he called “power of example rather than example of power.’’ “The society benefits more from the power of example and interdependence rather than the example (show) of power; it requires that we show good examples.’’

Source: Tony Amokeodo and Francesca Iwambe