Buhari didn’t okay release of $1bn ECA fund ―Presidency

In an apparent attempt to douse the furore accompanying the
reported approval granted by President Muhammadu Buhari for the
release of $1 billion from the Excess Crude Account (ECA) to
procure military equipment to combat insecurity in the country, the
Presidency on Monday said the president had not authorized such
release.

Giving clarifications on the matter, Senior Special Assistant to
the president on National Assembly matters, Senator Ita Enang, said
the president cannot approve the release without following laid
down procedures.

Buhari had been given authorization by the National Economic
Council (NEC) to withdraw the money from the ECA which belongs to
all tiers of government.

Minister of Defence, Mansur Dan-Ali, had subsequently told State
House correspondents after last week’s meeting with security chiefs
presided over by the president that he had approved its release,
thereby attracting criticism, especially from the National
Assembly.

But briefing State House correspondents on Monday, Enang
maintained that the president did not approve the money for
spending as it was undergoing standard executive procedures before
being laid before the National Assembly.

He said the request by the president to the legislature may come
as an addition to the 2018 budget if work on the bill had not been
already been concluded or come as a supplementary budget where work
had already been completed on the 2018 Appropriation Bill.

The presidential aide explained: “In response to several issues
raised about Security Fund sourced for at source from Excess Crude
Account to combat Security challenges in the country and the
several misreadings attending same, may l state as follows:

“That the said sum has not and cannot be approved for spending
by Mr President.

“That in accordance with best practices, Mr. President, having
received approval of sum from National Economic Council made up of
all the Governors, now had a meeting with the Minister of Defence,
Service Chiefs and the Inspector-General of Police, among others to
collate the need of each of the Services and the money available
for appropriation.

“That Mr President and the meeting having collated the need of
each Service and the amount involved may now present same to the
Federal Executive Council for detailed Consideration, or in the
exercise of Presidential powers may communicate same to the
National Assembly for appropriation.

“That this may be done as usual upon Mr President Consulting
prior with the Leadership of the National Assembly through the
whole body of principal officers or the presiding officers of each
chamber only, before originating the communication to the National
Assembly.

“That as at now, the process of approving the money for use is
inchoate and still undergoing the Executive standard operating
procedure before laying same before the National Assembly for
appropriation.

“That the processes now being worked on is to fast-track this
procedures so that it may be forwarded to the National Assembly
while it is still considering the 2018 Appropriation Bill (Budget)
for incorporation as Mr President’s supplementary request under the
2018 Budget, or if completed, after the 2018 Budget, it may be
forwarded as supplementary Appropriation Bill.

“That succinctly stated, Mr President has not approved the sum
for any release of this procurement or application howsoever.

“In any case, before any sum is released from the Consolidated
Revenue Fund, there must be Appropriation Act, Vote of Charge and
Warrant which is legally predicated on appropriation authorization
Sub-head under the Act.”

He assured that the Executive was conscious of the provisions of
the Section 80 (3) and (4) of the 1999 Constitution which states:
“(3) No moneys shall be withdrawn from any public fund of the
Federation, other than the Consolidated Revenue Fund of the
Federation, unless the issue of those monies has been authorized by
an Act of the National Assembly; no money shall be withdrawn from
the Consolidated Revenue Fund or any other public fund of the
Federation, except in the manner prescribed by the National
Assembly.“

He said it was also conscious of the provision of Sections 4 and
5 of the 2017 Appropriation Act (relating to Excess Crude Account)
and would not take any action in breach thereof.

According to Enang, “just as the Legislature in processing
legislation starts with conceptualizing, drafting, scrutiny of the
draft, gazetting, First reading, 2nd reading, committal to
appropriate committee, public hearing, consideration of the Report
by Committee of the whole or supply, passage and 3rd reading in
plenary, so also does the Executive have and maintain standard
operating procedure, or due process or due diligence in all
actions. And at this 11. stage, the matter is ongoing these
processes.

“Therefore, the matter of the Security fund is still undergoing
standard processes for laying before the National Assembly for
appropriation.

“In summary, ladies and gentlemen, the said Sum can only be
spent upon, and in the manner, as shall be approved by the National
Assembly, and Assented to in Appropriation Act or supplementary
Appropriation Act.”

In an apparent attempt to douse the furore accompanying the
reported approval granted by President Muhammadu Buhari for the
release of $1 billion from the Excess Crude Account (ECA) to
procure military equipment to combat insecurity in the country, the
Presidency on Monday said the president had not authorized such
release.

Giving clarifications on the matter, Senior Special Assistant to
the president on National Assembly matters, Senator Ita Enang, said
the president cannot approve the release without following laid
down procedures.

Buhari had been given authorization by the National Economic
Council (NEC) to withdraw the money from the ECA which belongs to
all tiers of government.

Minister of Defence, Mansur Dan-Ali, had subsequently told State
House correspondents after last week’s meeting with security chiefs
presided over by the president that he had approved its release,
thereby attracting criticism, especially from the National
Assembly.

But briefing State House correspondents on Monday, Enang
maintained that the president did not approve the money for
spending as it was undergoing standard executive procedures before
being laid before the National Assembly.

He said the request by the president to the legislature may come
as an addition to the 2018 budget if work on the bill had not been
already been concluded or come as a supplementary budget where work
had already been completed on the 2018 Appropriation Bill.

The presidential aide explained: “In response to several issues
raised about Security Fund sourced for at source from Excess Crude
Account to combat Security challenges in the country and the
several misreadings attending same, may l state as follows:

“That the said sum has not and cannot be approved for spending
by Mr President.

“That in accordance with best practices, Mr. President, having
received approval of sum from National Economic Council made up of
all the Governors, now had a meeting with the Minister of Defence,
Service Chiefs and the Inspector-General of Police, among others to
collate the need of each of the Services and the money available
for appropriation.

“That Mr President and the meeting having collated the need of
each Service and the amount involved may now present same to the
Federal Executive Council for detailed Consideration, or in the
exercise of Presidential powers may communicate same to the
National Assembly for appropriation.

“That this may be done as usual upon Mr President Consulting
prior with the Leadership of the National Assembly through the
whole body of principal officers or the presiding officers of each
chamber only, before originating the communication to the National
Assembly.

“That as at now, the process of approving the money for use is
inchoate and still undergoing the Executive standard operating
procedure before laying same before the National Assembly for
appropriation.

“That the processes now being worked on is to fast-track this
procedures so that it may be forwarded to the National Assembly
while it is still considering the 2018 Appropriation Bill (Budget)
for incorporation as Mr President’s supplementary request under the
2018 Budget, or if completed, after the 2018 Budget, it may be
forwarded as supplementary Appropriation Bill.

“That succinctly stated, Mr President has not approved the sum
for any release of this procurement or application howsoever.

“In any case, before any sum is released from the Consolidated
Revenue Fund, there must be Appropriation Act, Vote of Charge and
Warrant which is legally predicated on appropriation authorization
Sub-head under the Act.”

He assured that the Executive was conscious of the provisions of
the Section 80 (3) and (4) of the 1999 Constitution which states:
“(3) No moneys shall be withdrawn from any public fund of the
Federation, other than the Consolidated Revenue Fund of the
Federation, unless the issue of those monies has been authorized by
an Act of the National Assembly; no money shall be withdrawn from
the Consolidated Revenue Fund or any other public fund of the
Federation, except in the manner prescribed by the National
Assembly.“

He said it was also conscious of the provision of Sections 4 and
5 of the 2017 Appropriation Act (relating to Excess Crude Account)
and would not take any action in breach thereof.

According to Enang, “just as the Legislature in processing
legislation starts with conceptualizing, drafting, scrutiny of the
draft, gazetting, First reading, 2nd reading, committal to
appropriate committee, public hearing, consideration of the Report
by Committee of the whole or supply, passage and 3rd reading in
plenary, so also does the Executive have and maintain standard
operating procedure, or due process or due diligence in all
actions. And at this 11. stage, the matter is ongoing these
processes.

“Therefore, the matter of the Security fund is still undergoing
standard processes for laying before the National Assembly for
appropriation.

“In summary, ladies and gentlemen, the said Sum can only be
spent upon, and in the manner, as shall be approved by the National
Assembly, and Assented to in Appropriation Act or supplementary
Appropriation Act.”