Nigeria's power of appropriation tussle

Nigeria's power of appropriation has once again become a major topic of discussion as the recently passed 2017 budget saw the legislature raise the aggregate expenditure ceiling from 7.29 trillion naira proposed by the president to 7.4 trillion naira. In addition to the increase in funding, the National Assembly also added 4,000 new projects estimated at about 451 billion naira to the budget. This move has sparked a debate on the extent of the National Assembly's powers when it comes to adjusting proposed estimates and the possible implications for the country's economy. The appropriation bill and passing it into law is a crucial aspect of Nigeria's governance structure, with responsibilities divided among the three arms of government - the legislature, the executive, and the judiciary. According to the provisions of sections 80 and 81 of the constitution, it is the executive's responsibility to prepare and submit a budget to the National Assembly. However, sections 58 and 59 of the constitution also allow the National Assembly to make amendments to the bill. The interpretation of what constitutes an amendment is crucial in this discussion, as it determines the extent to which the National Assembly can modify the budget proposed by the executive. The disagreement between the presidency and the National Assembly stems from the nature of the changes made to the budget. While the National Assembly argues that adding new projects is within their amendment powers, the executive claims that such additions undermine their transformation agenda and the country's economic recovery efforts. The executive's concern is further heightened by the inclusion of state and local government projects in the budget, which they argue falls outside the federal government's purview. The ongoing debate has prompted the presidency to seek clarification from the highest court in the land to resolve the matter. This move echoes a similar situation in 2008 when the late President Yar'Adua sought the court's intervention but was advised to pursue a political solution instead. The hope is that a final ruling from the court on the extent of the National Assembly's powers in budget adjustments can bring an end to the recurring appropriations tussle and provide clarity for future budget processes. In a recent interview, Taiwo Adeshina, Partner at Jackson, Etti & Edu, shed light on the legal framework governing budget appropriations and the implications of the current budget adjustments. Adeshina emphasized the need for a balanced approach to budget amendments, ensuring that changes made are reasonable and do not undermine the executive's mandate to drive economic growth and development. He also highlighted the potential impact of prolonged budget disputes on the country's economy, citing the provision in the constitution that allows the government to continue operating based on the previous year's budget if necessary. As Nigeria navigates through this power struggle over budget appropriations, the hope is for a swift resolution that upholds the principles of good governance and ensures that budget decisions are made in the best interest of the country and its citizens. The outcome of the court's ruling on the matter will likely set a precedent for future budget processes and help clarify the roles and responsibilities of each arm of government in the budgeting process.