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The scheduled debate on the request for inclusion of $496.375 million (N151.394 billion) paid into the Umited States treasury, for procurement of Super Tucano Aircfraft, into the 2018 budget, suffered major setback on Wednesday.
The House after heated debate on the constitutionality and procedure of the transmission of the request as enlisted on the Order Paper, however resolved to verify whether there was a precedence by any legislative House in other climes that embarked on approval of already spent fund without prior approval of the National Assembly.
Speaker Yakubu Dogara who presided over the session, acknowledged that the issue surrounding the request was controversial, hence requires further consultation including previous antecedents in other climes.
Dogara who earlier noted that the 2017 Appropriation bill was passed into law in May 2017, argued that Nigeria still have active budget till May, 2018.
He however noted that: “I don’t think as a matter of law, there’s a straight forward answer to this…yet on the other hand, we are duty bound to consider it.”
He disclosed that President Buhari’s request as contained in the letter “to make appropriation for an expenditure,” was in breach of the Constitutional provisions which empowers National Assembly to appropriate for revenue, as encapsulated in section 80 of the 1999 Constitution.
While stressing the need for the House to be properly guided before taking further action, Dogara stressed that “people are looking unto this House to protect the Constitution, people are looking to us to stand by the truth,” just as he observed that the House has additional responsibility of putting national interest at the front above personal interest.
To this end, he mandated the House Committee on Rules and Business to check the archive for precedence in other climes.
In response to Mohammed Mungono’s debate on the President’s request, Ossai Nicholas Ossai (PDP-Delts) who raised a point of order 80(2) of the 1999 Constitution (as amended), argued that the motion was uncalled for, since the money in question has been paid from the government coffer without the approval of the National Assembly.
While noting that the House should not endorse illegality perpetuated by the anticipatory approval given by President Buhari, Ossai noted that the action of the President did not follow the appropriate procedure.
The Delta lawmaker maintained that the President through the letter admitted to have breach the provision of the Constitution.
On his part, Sergius Ogun (PDP-Edo), noted that failure to take decisive action by invoking relevant sections of the Constitution for such a grievous breach, will turn the Parliament into laughing stock.
He argued that the House will continue to be scandalized and rubbished if such approval is granted, adding that the Constitution provides that the National Assembly should prescribe the approved fund not the Executive.
Also speaking, Frederick Agbedi (PDP-Bayelsa) argued that the motion was in conflict with of extant procedure and convention, adding that any issue relating to finance and budget should come by way of bill not motion.
In their views, Kayode Oladele (APC-Ogun), Simon Arabo (PDP) who noted that the 2018 budget is still in the works, maintained that the President was in order adding that the request can still be accommodated in the 2018 budget.
While speaking, Lovette Idisi (PDP-Delta) who urged the House not to fall into the trap set by the Executive, argued that “what have been asked to do is to indict ourselves. Most of us are lawyers here.”
He maintained that the request of Mr President was unconstitutional and the tenet of democracy, adding that section 36(8) prohibits retrospective approval of such request or legislation.
Buhari had in the letter titled: ‘Supplementary input to the 2018 Appropriation bill: Purchase of Super Tucano Aircfraft from the United States Government,’ dated 13th April, 2018 disclosed that the sum of $1 billion was approved by the State Governors at the Federal Economic Council on 14th December, 2017 where a resolution was passed.
“With the Council approving that up to $1 billion may be released and utilized from the Excess Crude Account to address the situation. Subsequent upon this approval, we are preparing a comprehensive schedule of all the requirements for each of the security serve ces for presentation to the National Assembly for consideration.
He explained that Nigeria had been in discussions with the US government for a number of years for the purchase of the Super Tucano Aircraft under a direct government-to-government arrangement, adding that the US government recently granted the approval with a deadline within which part payment must be made otherwise the contract would elapse.
“In expectation that the National Assembly would have no objection to the purchase of this highly specialized Aircraft, which is critical to national security, I grants anticipatory approval for the release of $496,374,470. This was paid directly to the Treasury of the United States Government.
“I am therefore writing, seeking approval of this House for the sum of $496,374,470 (equivalent to N151,394,421,335) to be included in the 2018 Appropriation bill, which the National Assembly is currently finalizing.
“The balance of the requirements for critical operational equipment is still being collated from different security services, and will be presented in the form of a supplementary Appropriation bill, in due course,” Bihari said in the two-page letter.
KEHINDE AKINTOLA, Abuja
