The House of Representatives, on Wednesday, threw out the
2013 amendment budget request sent to it by President Goodluck Jonathan, saying
that the request failed to meet constitutional requirements.
The decision was sequel to a June 5,
2013 constitutional point of order raised by the chairman, House Committee on
House Services, Honourable Yakubu Dogara, where he claimed that consideration
of the amendment bill would amount to act of illegality.
The constitutional point of order
raised by the lawmaker had led the Speaker, Honourable Aminu Tambuwal, to rule
that the House committees on Rules and Business, Justice and Judiciary should
look into the issue raised by Honourable Dogara.
However, at Wednesday’s sitting, the
chairman, House Committee on Rules and Business, Honourable Albert Sam-Tsokwa,
in a report entitled: “the constitutionality or otherwise of the bill for an
Act to amend the 2013 Appropriation Act,” maintained that the Appropriation Act
was amendable, but the way and manner the 2013 budget amendment was packaged by
the executive was not in line with the nation’s extant law.
The report, signed by Honourable
Tsokwa and chairman, House Committee on Justice, Honourable Ahmad Ali, also
provided an answer to a poser whether or not the Appropriation Act 2013
amendment bill was in line with the constitution, with affirmation that the
president was not in order with the amendment proposal.
According to the report, “the
Appropriation Act 2013 Amendment Bill, which the president’s communication
forwarded to the House, apart from carrying the title, “Appropriation Act 2013
Amendment Bill,” had nothing again in it to show that it was a document seeking
to amend, repeal or re-enact the 2013 Appropriation Act.
“The purported Amendment Bill, a five
clause bill, is completely and totally silent on what and which sections of the
2013 -Appropriation Act it seeks to amend and or repeal. So also, it was silent
on the schedules or what aspects of the schedules to the 2013 Act it seeks to
amend and or repeal.
“Honourable members may wish to note
that while the 2013 Appropriation Act appropriates the total sum of
N4,987,220,425,601 for the 2013 financial year, the purported 2013
Appropriation Act (Amendment) Bill 2013 seeks to appropriate a total sum of
N4,987,382,196,690. Clearly, what the Amendment Bill 2013 seeks to appropriate
is more than what was appropriated for the 2013 fiscal year in the 2013
Appropriation Act, that is to say, the executive would appear to be seeking
additional funds.
“Obviously, this cannot be achieved
through an Amendment Bill. The answer lies in a Supplementary Appropriation
under section 81(4) of the Constitution.
“At best, the Appropriation Act 2013
Amendment Bill of the president, for want of a better description and or
expression, is, in the words of Honourable Dogara a “2013 Appropriation Bill
No. 2” - an alien, a stranger or, indeed, an interloper in our constitutional
arrangement,” the report stated.
According to it, the president’s
intents and purposes were well communicated and conveyed in his letter of March
14, 2013 but the companion of the said letter, voluminous as it was, seeking to
amend the 2013 Appropriation Act, failed in that mission and, therefore, amended
or attempted to amend nothing.
Immediately Honourable Tsokwa
finished presenting the report, members in attendance clapped for him,
ostensibly to show that they were in support.
The Speaker noted that “no comment or
question” would be entertained and subsequently ruled that “the point of order
raised by Honourable Dogara is hereby sustained.”
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