Trending

Thursday, April 26, 2018

IF THE NATIONAL ASSEMBLY FAILS TO PASS THE BUDGET TO MAKE IT OPERATIONAL AT THE BEGINNING OF THE FINANCIAL YEAR, THE PRESIDENT OF NIGERIA CAN RELEASE FUNDS TO MDAs WITHOUT APPROPRIATION ; SECTION 82 OF THE 1999 CONSTITUTION SAYS SO.



Section 82 of the 1999 Constitution provides:
"If the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of the financial year, the President may authorise the withdrawal of moneys in the Consolidated Revenue Fund of the Federation for the purpose of meeting expenditure necessary to carry on the services of the Government of the Federation for a period not exceeding months or until the coming into operation of the Appropriate Act, whichever is the earlier:

Provided that the withdrawal in respect of any such period shall not exceed the amount authorised to be withdrawn from the Consolidated Revenue Fund of the Federation under the provisions of the Appropriation Act passed by the National Assembly for the corresponding period in the immediately preceding financial year, being an amount proportionate to the total amount so authorised for the immediately preceding financial year."

This provision in Section 82 of the 1999 Constitution was probably inserted in the constitution to prevent the Sarakis of this world from totally crippling the economy.

 The negative effects of not passing the appropriation bill will still be felt because it restricts the President to spending what was provided for that item in the budget of the previous year thereby affecting the projects or items involved to the extent of the shortfall that will be unavailable for that particular year's budget.

So, those ignorant Senators and members of the House of Reps. who are raising hell that certain funds are being spent by President Buhari without appropriation should be ashamed of themselves because it just goes to show that they are not conversant with the provisions of their country's constitution.

The framers of the constitution envisaged that selfish legislators like Bukola Saraki were likely to emerge in the future and that failure to include this kind of constitutional provision could cripple Nigeria's economy in short order should selfish and wicked legislators like Saraki choose to frustrate the passage of the appropriation bill presented by the Executive.
My name is Bunmi Awoyemi and I approve this message.