Already,
some Nigerians are threatening to go to court to seek a judicial interpretation
of the action of the Governors Forum and its legality. Sixteen local government chairmen in Ekiti
State have also sued the Attorney General of the Federation and the 36 state
governors on the constitutionality of the proposed expenditure. They are also
seeking an order of injunction restraining the Federal Government and the state
governors from giving effect to the approval of the $1 billion, unless and by
means of statutory allocation by the Revenue Mobilisation Allocation and Fiscal
Commission (RMAFC).
Before
the court rules on this case, we must remind Nigerians that our democracy is
anchored on the rule of law and due process, which must always be the guide to
reassure Nigerians that this is a government of laws, not of men. Our executive and legislative actions must
always be based on known laws and regulations and must be seen to be so.
In
this connection, therefore, the question must be asked: has the Governors Forum
the right within the framework of our democracy to give this approval? Does it have the power to allocate roughly
N365 billion as it pleases? The answer
must be in the negative.
Section
59 (1) (a) of the Nigerian Constitution spells out how money must be
appropriated and the processes for the handling of public funds. The authority is vested only in the National
Assembly. Appropriation bills may come
from the executive branch and, when in the considered judgment of the
executive, the funds are not enough, it can propose a supplementary bill. But, it must be processed through the
National Assembly. It is not for nothing
that the constitution-makers prescribe that these issues go through the
National Assembly where they will be scrutinized, vetted and debated, all to
ensure that a decision to expend public money is made with a great deal of
prudence and diligence.
The
Excess Crude Account reportedly has only $2.3 billion. How the $1 billion is going to be spent is
not stated. Will it be spread among the
three regular arms of the Armed Forces: Army, Air Force and Navy? Will the Police get any part of it? The
Nigerian Security and Civil Defence Corps and other paramilitary organs, will
they get some support?
The
Federal Government must understand that Nigerians support the fight against
insurgency, and they support voting money for it, but there is no reason the
funding request should be made outside the National Assembly. Indeed, some budget purists are wondering why
the funding request was not captured in the 2018 Budget which was presented to
the National Assembly about a fortnight ago.
The
Chairman of the Governors Forum, and Zamfara State Governor, Abdul’aziz Abubakar Yari, has argued
that this is not the first time such a request was made in the country, that a
similar move was made during the preceding administration of President Goodluck Jonathan. He ignored the fact that in 2014, President
Jonathan went through the National Assembly for the arms funds. Besides, the Jonathan administration’s $2.1
billion arms funds scandal and the other numerous scandals that have
accompanied it are still too fresh in the memories of Nigerians to trust that
the $1 billion under consideration would not meet the same fate.
We
find it very curious that the Vice President, Professor Yemi Osinbajo, has tried to soften the issue by saying
that the money was not for the North-East alone and that other parts of the
country would benefit. Our honest
opinion is that the government should make a detailed proposal about its
insurgency funding needs and educate Nigerians on the state of the war. Its
claim that Boko Haram has been technically defeated has become controversial in
the face of its recent resurgence. Let
the government take its arms funding needs to the National Assembly for
approval and enactment. A government
that came to power on the mantra of anti-corruption should not be seen to be
involved in anything that is not above board. (Sun)
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