Presidency, Reps on collision course over alleged breach of Constitution

President Buhari and Speaker Yakubu Dogara

KEHINDE AKINTOLA

Fresh crisis is brewing between the Executive and Legislature as House of Representatives accused President Muhammadu Buhari of breaching the provisions of 1999 Constitution (as amended).

Specifically, the House via a motion of ‘Urgent Public Importance on the need for the Executive to respect the Constitution in respect of first line charges pursuant to Order 8 Rules 4 and 7, sponsored by Edward Pwajok, chairman, House Committee on Rules and Business accused President Buhari of failing to ensure adequate funding of the Legislative and Judicial arms of government and other statutory bodies on First Line Charge.

According to the provisions of the Appropriation Act, the nine statutory bodies listed on the Statutory Transfer are: Independent National Electoral Commission (INEC), National Assembly, Judiciary, Niger Delta Development Commission (NDDC), Universal Basic Education (UBE), Public Complaints Commission (PCC)/and National Human Rights Commission (NHRC).

In his lead debate, Pwajok said: “The House notes that the Constitution of the Federal Republic of Nigeria (1999) as amended created and allocated separate powers to the three arms of Government namely: the Legislature, Section 4; the Executive, Section 5 and the Judiciary, Section 6.

“The House further notes that the three arms of Government are co equal and meant to function independently in order to guarantee the smooth working of the Government under the Presidential Constitution.

“The House further notes that the Constitution was amended by the first Alteration Act, 2010 Act No 1 by altering Section 81 (3) to place INEC, the National Assembly and the Judiciary on first line charge by stipulating that the amount standing to the credit of those agencies or arms of Government be paid directly to such bodies;
Further notes that these bodies are captured in the annual appropriation Acts under Statutory Transfers.

“The House is worried that the Executive arm of Government is currently in breach of the Constitution by refusing or neglecting to implement the mandatory provisions of the Constitution regarding statutory transfers and first line charge requirements, by not releasing the funds to these bodies in line with the Appropriation Act 2018 and the Constitution.

“The House is worried that in spite of a previous resolution of the House passed in 2018 on the above subject and the appearance of the Minister of Finance before and Ad-hoc Committee, the matter has remained unresolved.

“The House is disturbed by the implication of the brazen flouting of the Appropriation Act 2018 and the Constitution, which may make the Legislature and the Judiciary to become subservient to the Executive thereby negating the letters and spirit of the Constitution and the law with dire consequences on the practice of Democracy in Nigeria,” he observed.

To this end, the House condemning in the strongest terms the breaches of the Constitution and the laws on statutory transfers by the Executive with particular reference to the 2018 Appropriation Act, the lawmakers urged Mr. President of the Federal Republic of Nigeria to direct the Minister of Finance and the Accountant General of the Federation to immediately fully implement the 2018 Appropriation Act with regards to statutory transfers to bodies which are on first line charge namely; INEC, National Assembly, Judiciary, Niger Delta Development Commission, Universal Basic Education, The Public Complaints Commission and the National Human Rights Commission.

The House also directed the leadership of the National Assembly and the relevant Committees on Appropriation, Finance and legislative compliance to ensure compliance and report back to the House within two weeks for further legislative action.

The lawmakers also resolved to transmit this resolution to the Senate of the Federal Republic of Nigeria for concurrence.

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