Dele Adeshina SAN Faults N’Assembly on Appropriation Bill

With the recent controversy over the legislature’s powers to
adjust the Appropriation Bill, a Senior Advocate of Nigeria (SAN),
Mr. Dele Adeshina, has said tempering with the budget is an attempt
by the legislature to surpass its powers.

Acting President Yemi Osinbajo had complained about the National
Assembly’s alteration of figures in the 2017 budget estimates
presented to it by the executive, saying the legislature lacked the
powers to adjust or unilaterally introduce projects. Osinbajo’s
comments received an instant backlash from the legislature.

But speaking on Arise Television, last night, Adesina said: “I
believe the position of the organic law of the land which is the
constitution is clear and by Sections 4 and 5 of the constitution
the powers of the legislature and that of the executive are clearly
spelt out and Section 6 goes on to establish the power as of the
judiciary.”

“In our constitution, there is what we call separation of
powers. Even though this is not a water tight of separation of
power, one arm can be a check in the sense that one organ of
government can be a check on the other.

“I believe the present controversy is absolutely unnecessary. If
people understand the scope and limit of their powers under the
constitution. Let me state that the highest court of this country
which is the Supreme Court has said over and over again that the
constitution is the barometer for measuring what is right and what
is wrong, what is valid and what is invalid, what is legal and what
is illegal.”

According to him, with all emphasis that the legislature, that
is the National Assembly cannot fashion appropriation bill, the law
insists that appropriation bill emanate from the executive but
proposals on the estimate of expenditure and estimates of revenue
must be initiated by the executive and be submitted to legislature
who would pass it into law but it is clearly spelt out by the
constitution.
“The problem we have is an attempt to enlarge the powers of the
national assembly beyond the stated provisions of the constitution.
The national assembly in my own humble opinion cannot insert any
new project into the appropriation bill. They cannot put in new
issues that are not stipulated from the executive arm of
government. Yes they have the power to pass it but that power of
passing the appropriation bill into appropriation law has the
process and that process include on the floor of the National
Assembly and then they go the committee stage,” he said.

With the recent controversy over the legislature’s powers to
adjust the Appropriation Bill, a Senior Advocate of Nigeria (SAN),
Mr. Dele Adeshina, has said tempering with the budget is an attempt
by the legislature to surpass its powers.

Acting President Yemi Osinbajo had complained about the National
Assembly’s alteration of figures in the 2017 budget estimates
presented to it by the executive, saying the legislature lacked the
powers to adjust or unilaterally introduce projects. Osinbajo’s
comments received an instant backlash from the legislature.

But speaking on Arise Television, last night, Adesina said: “I
believe the position of the organic law of the land which is the
constitution is clear and by Sections 4 and 5 of the constitution
the powers of the legislature and that of the executive are clearly
spelt out and Section 6 goes on to establish the power as of the
judiciary.”

“In our constitution, there is what we call separation of
powers. Even though this is not a water tight of separation of
power, one arm can be a check in the sense that one organ of
government can be a check on the other.

“I believe the present controversy is absolutely unnecessary. If
people understand the scope and limit of their powers under the
constitution. Let me state that the highest court of this country
which is the Supreme Court has said over and over again that the
constitution is the barometer for measuring what is right and what
is wrong, what is valid and what is invalid, what is legal and what
is illegal.”

According to him, with all emphasis that the legislature, that
is the National Assembly cannot fashion appropriation bill, the law
insists that appropriation bill emanate from the executive but
proposals on the estimate of expenditure and estimates of revenue
must be initiated by the executive and be submitted to legislature
who would pass it into law but it is clearly spelt out by the
constitution.
“The problem we have is an attempt to enlarge the powers of the
national assembly beyond the stated provisions of the constitution.
The national assembly in my own humble opinion cannot insert any
new project into the appropriation bill. They cannot put in new
issues that are not stipulated from the executive arm of
government. Yes they have the power to pass it but that power of
passing the appropriation bill into appropriation law has the
process and that process include on the floor of the National
Assembly and then they go the committee stage,” he said.