2017 BUDGET: Constitutional crisis looms‎ over May 5 deadline

An unimaginable constitutional crisis is looming over the 2017 Budget if the National Assembly fails to pass the budget this week, sources close to the legislature have said.

The 2016 budget, which has its life (especially the capital expenditure) extended to May 5, 2017 will expire this week, thus placing a huge encumbrance on government spending.

The Nigerian government has never experienced a shut down since the
beginning of the Fourth Republic as it has always wriggled out of budget crisis before the constitutionally approved period.

But the 2017 Budget process, which has already stretched thin the constitutionally allowed window, could run the government into a shutdown this month.

Chairman, Senate Committee on Appropriations, Senator Danjuma Goje
had said shortly before the lawmakers proceeded on Easter break that the Budget would be ready before May 5, to beat the deadline provided by the 2016 Appropriation Act, which was signed into law on May 5, 2016.

Section 82 of the 1999 Constitution, as amended provides that the government of the federation can draw from funds in the Consolidated Revenue if the budget is not ready for a period not exceeding six months or the coming into operation of the Appropriation Act.

Section 82 reads: “If the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of the financial year, the President may authorise the withdrawal of moneys in the Consolidated Revenue Fund of the Federation for the purpose of
meeting expenditure necessary to carry on the services of the Government of the Federation for a period not exceeding six months or until the coming into operation of the Appropriate Act, whichever is
the earlier:

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“Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the Federation under the provisions of the
Appropriation Act passed by the National Assembly for the corresponding period in the immediately preceding financial year,
being an amount proportionate to the total amount so authorised for the immediately preceding financial year.”

Investigations revealed that though the law permits the government to
spend revenue up to six months, there is no guarantee that the President can assent the new budget in the next one month.

“Even if the budget is passed this week, there is no guarantee that the executive will not pick issues with the document as it has always happened and then the issues would drag for upward of two months,” a lawmaker who could not be named as he was not officially mandated to speak for the Committee said.

Efforts at reaching the chairman of the Senate Committee on Appropriations, Senator Danjume Goje were unsuccessful on Sunday as calls to his numbers were not picked.

Senate spokesman, Senator Sabi Abdullahi could also not be reached
through his telephone numbers.

But another lawmaker who spoke in confidence clarified that it is
actually possible the budget is passed this week adding however that the president usually has 30 days to assent to bills or veto them.

“If that happens, the whole constitutionally allowed window of six
months would have been exhausted,” the lawmaker said.

 

 

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