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Why Osinbajo must not sign 2017 budget –Falana

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A human rights activist and constitutional lawyer, Mr Femi Falana has called on the acting President, Yemi Osinbajo not to append his signature to the 2017 Appropriations Bill as passed by the National Assembly.

Falana argued that the National Assembly has no constitutional powers to make increases to the budget as presented to it by President Muhammadu Buhari.

The legislators had recently passed the 2017 budget with an increase of N143 billion, throwing it up to N7.44 trillion from the N7.39 trillion presented by the president on December 14, 2016.

But Falana, while speaking at a colloquium in Ilorin, the Kwara State capital organised by the Movement for Genuine Change to mark the 50th anniversary of the creation of the state, said the document as passed by the National Assembly is illegal.
He said the legislators erred constitutionally by increasing their share of the budget.

He also called on Nigerians to scrutinize the budget passed by the federal legislators, instead of dissipating energy arguing over should sign the 2017 budget.

Falana contended that President Buhari being on vacation is not competent to sign the appropriation bill into law. This according to him is because the President and the Acting President cannot be functioning at the same time.

He further expatiated that the moment Buhari transmitted a letter to the National Assembly that he was proceeding on vacation, all presidential powers automatically rested on Osinbajo as the Acting President.

“The President is not competent to sign any bill into law while he is on vacation. The constitution did not envisage that a President who is on a vacation and an acting president, who is standing proxy for him will be exercising presidential powers simultaneously.

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“To that extent, pending the resumption of duties by President Buhari, the Acting President, Prof. Osinbajo, is competent to sign all bills validly passed by the NASS.

“If President Buhari did not exercise powers during his vacation even though he was in the country, why would he want to do so while he is on medical vacation abroad?

“Instead of dissipating energy over the competence of an appropriation bill signed into law by the Acting President, Nigerians should subject the 2017 budget to scrutiny.

“We are therefore calling on the Acting President of the Federal Republic of Nigeria, Prof. Yemi Osinbajo, who is a professor of law not to endorse and sign the illegal appropriation bill of 2017 into law”, he said.

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0 Comments

  1. yanju omotodun

    May 21, 2017 at 10:16 am

    Falana should leave Prof Osinnbajo alone, he has insight of the law than him falana, he knows how to go about the assenting of the budget, as long it is Osinbajo, we are safe.

    • JOHNSON PETER

      May 21, 2017 at 10:29 am

      He is only advising him, and mind you, falana has more insight of constitutional law than Osinbajo. Don’t sign the budget except you remove the inflated funds injected by the Senate is the message.

    • Joy Madu

      May 22, 2017 at 4:25 am

      Yes because his a good vice with the little time he rule Nigerian when our president is not around

  2. seyi jelili

    May 21, 2017 at 10:52 am

    We have to scrap the Senate sincerely or the law should be reviewed and the Senate should have no say in the budget again. After all, the judiciary has no say in the budget, the Power conferred on the Senate is enormous and it’s intoxicating them.

  3. Anita Kingsley

    May 21, 2017 at 4:14 pm

    This is actually a sensible man who knows how silly what the National Assembly has done to the 2017, because they increased it is more reason Osinbajo should reject it and tell them to revert it to what Buhari initially submitted or risk it not being signed.

    • Agbor Chris

      May 21, 2017 at 4:24 pm

      I may sure everyone knows things would be done according to the reasoning of the acting president, if he chooses to sign it as passed by the senate, there’s nothing anyone can do about it and if he decides to do otherwise, it will only take more time before effecting the budget, there’s still nothing anyone can do about it.

      • Animashaun Ayodeji

        May 21, 2017 at 4:29 pm

        If Osinbajo refuses to assent to the 2017 budget because the senate increased it to suit their taste, then we should be ready for another round of Senate-Executive fight which will affect Osinbajo himself. I’m sure Osinbajo knows the right thing to do without minding if it will cause problem between the two tiers of government or not.

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