The Federal High Court, Abuja has declined the Senate’s application for Stay of Execution of its judgment quashing the suspension of Senator Ovie Omo-Agege.
Details shortly…
Tag: NASS
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NASS increases 2018 budget from N8.612tn to N9.120tn
The National Assembly has increased the 2018 budget from the initial N8.612 trillion to N9.120 trillion.
The details of the budget were listed on the order paper available at the Nigerian Senate on Tuesday, May 15.
The report was laid by Danjuma Goje, Chairman of the Senate Appropriation Committee and seconded by Senator Matthew Uroghide.
This is contained in the report of the National Assembly joint Committees on Appropriation just presented to members.
The new figure has a difference of about N508bn, up from the N8.612tn presented by President Muhammadu Buhari on November 7, 2017.
According to the document laid at the House on Tuesday, N530,421,368,624 was proposed for statutory transfer; N2,869,600,351,825 for development fund for capital expenditure; N3,516,477,902,077 for recurrent (non debt) expenditure; while N2,203,835,365,699 is for debt service; and N199bn as sinking fund for maturing loan.
“That the house do receive the report of the committee on appropriations on a bill for an act to authorize the issue from the consolidated revenue fund of the federation, the total sum of N9,120,334,988,225 (Nine Trillion, One Hundred and Twenty Billion, Three Hundred and Thirty-Four Million, Nine Hundred and Eighty-Eight Thousand, Two Hundred and Twenty-Five Naira) only,” the order paper read.
More details soon…
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Buhari’s impeachment: Dangerous moves in NASS, By Ehichioya Ezomon
By Ehichioya Ezomon
The power to spend any funds of the government is predicated on the mandatory approval of the National Assembly, as spelt out specifically in Sections 80 and 81 of the amended 1999 Constitution of Nigeria, and its non-observance is a breach of the right of the legislature to control expenditure.
But as sacrosanct as these extant provisions of the constitution are, the lawmakers should exercise great restraint in calling for the impeachment of a violator, in this case, President Muhammadu Buhari, for expending $496 ($462) million on 12 super Tucano jets, without the express permission of the National Assembly.
What’s at issue here is procedure: the non-observance of the process of obtaining approval for the withdrawal of the $496 million, which payment had been confirmed by the government of the United States of America, which supplies the planes to Nigeria.
But for the astuteness, and display of maturity by the leadership of both chambers of the National Assembly, and the level-headedness exhibited by the majority All Progressives Congress members, the opposition Peoples Democratic Party legislators were (are) bent in the past week to push through the impeachment moves.
The level and intensity of the debate almost indicated that the solution to herdsmen’s bloodletting in the North Central, and the Boko Haram insurgency in the North-East was “immediate” impeachment of President Buhari.
They didn’t buy his explanation precedent on the approval for withdrawal of the $496 million from the Excess Crude Account (ECA), to purchase the aircraft from the United States government, which “had given a payment deadline; otherwise, the contract would lapse.”
They seemed principally concerned with the process of the aircraft purchase, and the purchaser, President Buhari, and not the need for the equipment to fight insecurity, which they (lawmakers) shouted about, and criticized on weekly basis at the plenary.
The hullabaloo began on Tuesday, April 24, in the House of Representatives, when the Speaker, Mr. Yakubu Dogara, read a letter by President Buhari, explaining the circumstances of the purchase of the planes, and for the House to include the $496 million in the 2018 budget estimates still in the works in the legislature.
Dogara had hardly finished when hell was let loose by members of the PDP, who were arrow-headed by Mr. Kingsley Chinda (PDP, Rivers ) and Chairman, House Committee on Public Accounts, who called for the immediate impeachment of President Buhari.
While Speaker Dogara tactically steered the House towards suspending, till another legislative day, the debate on the procurement of the jets; the “sanctioning” of Buhari gained traction in the Senate, where it was couched in a “motion for the invocation of Section 143(2)(b) of the 1999 Constitution,” which deals with impeachment of the president if found “guilty of gross misconduct in the performance of the functions of his office.”
Senator Matthew Urhoghide (PDP, Edo South), supported by Senator Chukwuka Utazi (PDP, Enugu North) moved the motion for “immediate impeachment” of the president, for “committing a very serious and grievous breach of the Constitution of the Federal Republic of Nigeria.”
But there were counter arguments by senators of the APC, who, though admitted the non-observance of the rules on expenditure, did not support impeachment of Buhari. Senator Shehu Sani (APC, Kaduna Central), describing the expenditure as “a gross abuse of the constitution,” asked that “the money be refunded and the transaction started afresh to allow due process.”
Senator Abu Ibrahim (APC, Katsina South), not only recalled that former Presidents Olusegun Obasanjo and Goodluck Jonathan “made withdrawals from the ECA without seeking National Assembly’s approval,” but also labelled the floated impeachment of Buhari as “a PDP conspiracy.”
At this juncture, Senate President Bukola Saraki intervened, to return the debate to the essence and circumstances of the payments for the jets, and to avoid the chamber being divided along party lines, “and South versus North, for and against” the impeachment, as a senator labeled the fiery debate. Senate thereafter referred the matter to its judiciary committee, “for legal advice” this Wednesday.
By Thursday, both the Senate and House mandated their relevant committees to “look for precedents, search the archives, so we know where to accommodate the $496 million expenditure.”
May I respectfully advise the lawmakers to check the answer in Section 83 of the Constitution on “Contingencies Fund for the Federation,” which the National Assembly is obligated to establish, “for authorising the President, if satisfied that there has arisen an urgent and unforeseen need for expenditure for which no other provision exists, to make advances from the Fund to meet the need.”
If there’s such a fund, the president doesn’t need recourse to the National Assembly during emergencies, except to present a “Supplementary Estimate,” for which “a Supplementary Appropriation shall be introduced as soon as possible for the purpose of replacing the amount so advanced.”
All said, President Buhari did not offhandedly dismiss the role of the National Assembly in matters of appropriation; hence, he has asked the legislature to include the said sum in the 2018 budget estimates. Pushing for his impeachment would then connote political motivation, especially in regard to the 2019 elections, in which he has declared to contest for a second term in office.
* Mr. Ezomon, Journalist and Media Consultant, writes from Lagos, Nigeria.
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Buhari can withdraw $496m from ECA without approval of NASS – Aide
Sequel to the controversies generated over the withdrawal of $496 million by President Muhammadu Buhari for the purchase of some aircraft to tackle terrorism, a presidential aide, Ita Enang has said the president does not need approval of the National Assembly to withdraw such funds.
Enang made this statement on Monday while discussing ‘the implications of bypassing the National Assembly’ in an interview on AIT.
Enang is Special Assistant to President Buhari on National Assembly matters.
Recall that the Chairman Senate Committee on Public Accounts, Matthew Uroghide, last week, asked his colleagues to invoke the impeachment clause on Buhari over the withdrawal of the $496 million from the Excess Crude Account (ECA) without the lawmakers’ consent.
His call came after the Senate President, Bukola Saraki, read out the president’s letter which explained that he (Mr Buhari) gave an anticipatory approval to purchase of the aircraft from the U.S. government because of time constraint and with the hope that the lawmakers will raise no objection.
Urhoghide had stood to condemn the act of the president on Wednesday but was asked to present his grouse as a substantive motion on another legislative day.
Coming under Order 15, 42 and 52 on Thursday, Mr Urhoghide said the approval without National Assembly’s input was a violation of the constitution and should be punished with impeachment, adding that the objective of the expenditure is ”very well established but the procedure of approval was wrong.”
He further asked the Senate to invoke Section 143 to start the impeachment process of the president.
His motion was also seconded by Chukwuka Utazi (PDP, Enugu North), who described the president’s act as “an impeachable offence.”
Enang, the Senior Special Assistant to the President on National Assembly Matters (Senate), explained that what is pending before the legislature is a request to include the sum in the 2018 budget. He said the National Executive Council (NEC) had approved the expenditure in December.
He further argued that it is legal to spend money from a budget that is yet to be passed, anticipating approval.
“The law and the constitution recognizes contingencies. And when we finish collating what is needed for the balance of the $1 billion, after $496 million, we will bring a supplementary budget before the legislature,” he said.
When asked if senators were right to call for the invocation of section 143 (which allows for a president to be removed from office if found guilty of gross misconduct), Enang said, “He is not guilty of gross misconduct and the question of section 143 is not what is pending before the legislature.”
He argued that there is precedence of spending from the Excess Crude Account without the permission of the legislature from past administrations.
“It is following due process. It is what I will call Internal Standard Proprietary Procedure in procurement in terms of security. The money has not even been appropriated.
“This government has come to clear and clean every misconduct and in the course of it, every questions will arise as to every action and we are ready to justify them,” he said.
When asked if he would applaud this act by the president, he said “applauding this act is like saying that something wrong has been done. Nothing wrong has been done. Mr President acted in good faith.
“The executive, the judiciary and the legislature have what is called inherent powers, powers that inheres in your office especially in cases of emergencies.
“The executive acted upon its inherent powers and this was a case of emergency.”
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Constitutional provisions for impeachment of Buhari
Addressing an executive communication at Thursday’s plenary session of the Nigerian Senate, Chairman of the Senate Committee on Appropriation, Senator Matthew Urhoghide moved for immediate impeachment of President Muhammadu Buhari for voiding constitutional provisions.
The Buhari’s impeachment motion by Urhoghide which was seconded by the Senator representing Enugu North constituency, Chukwuka Utazi, has it that the President abused executive powers, thereby flouting provisions of the 1999 Constitution by approving the sum of $496 million for the purchase of super Tucano fighter jets without consent of the National Assembly.
In a letter defending his approval of the money withdrawn from the excess crude account (ECA), Buhari said he had anticipated the lawmakers would approve the withdrawal.
“There is nowhere in our law that talked about anticipatory approval. We cannot sit down and allow this to take place. It is an impeachable offence.
“There is no infraction that is worse than this. Let us not continue to sleep. I propose that we commence the impeachment of Mr President,” House of Representative member, Kingsley Chinda said citing sections 80 and 81 of the 1999 constitution.
Senator Urhoghide, who moved for the impeachment in the Senate, moved the motion for the invocation of Section 143 of the 1999 Constitution, which deals with impeachment of the President for voiding due process.
Section 143 of the 1999 constitution (as amended) deals with the removal of the president and vice-president from office.
143. (1) The President or Vice-President may be removed from office in accordance with the provisions of this section.
(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly:-
(a) is presented to the President of the Senate;
(b) stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified, the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.
(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.
(4) A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.
(5) Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.
(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the Panel by legal practitioners of his own choice.
(7) A Panel appointed under this section shall –
(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and
(b) within three months of its appointment report its findings to each House of the National Assembly.
(8) Where the Panel reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.
(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.
(10) No proceedings or determination of the Panel or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.
(11) In this section – “gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.”
Meanwhile, after hearing contributions from his colleagues at Thursday’s plenary, Senate President Bukola Saraki submitted the matter be referred to the Senate’s judiciary committee to make clear the terms for the impeachment of the President.
“Distinguished Colleagues, I think we have taken contributions from everyone. I also think that the contribution of the Leader addresses two issues and we must take note of them:
“One, the concerns we have, as Senator Shehu Sani said, all of us agree that there is definitely security concerns in our country.
“At the same time, we all agree that from what has been presented to us definitely there is a breach of Constitution.
“The question is what are the circumstances surrounding the breach of Constitution and whether those circumstances justify the breach of Constitution.
“I am sure you will all remember that in August 2017, when I got the message from the U.S. Ambassador, that the Senate Committee at the Congress of the United States wanted to visit us because they had received a request from President Trump to approve for payment of the Tucano but they needed Congress approval. Congress wanted to come to Nigeria to speak with their counterparts.
“I led the team with members of the House of Representatives and members here in the Senate and we met with the members of Congress on this issue. We were aware at that time of the issues.
“Between September and February with all due respect, there was ample time for the Executive to have carried us along on this issue. There are arguments for and against and those arguments are valid.
“The suggestion of the Leader, that we should send it to the Judiciary Committee to: 1. Advise whether truly the constitution has been breached; 2. Whether the circumstances justify the breach in any way.
“What do we do going forward in trying to appropriate because the funds have already been spent. Do we go under what the Leader has come under or we start the whole process of appropriating.
“It was after we agreed in September that the US Congress went back to give approval to the Executive to go ahead to sell the Tucano to Nigeria.
“If you will all agree, we should refer the matter to the Judiciary Committee and give them a short period of time.
“By Wednesday next week they should present their report to us,” Saraki surmised.
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BREAKING: Senate summons Buhari over killings in Benue, Taraba others
The Senate on Thursday resolved to invite President Muhammadu Buhari to address a joint session of the National Assembly over the rising level of killings in the country.
The resolution followed a motion by Chairman, Senate Committee on Navy, Sen. George Akume at plenary.
Presenting the motion titled: “Continued Killings in Benue State”, Akume expressed concern on the continued destruction of lives and property, particularly in the seven local governments of Benue North West Senatorial District.
He noted with concern that despite the presence of the military in the state, the killings and destruction of properties had continued unabated.
”In the morning of Tuesday, April 24, while some Christian faithful were gathered at St. Ignatius Catholic Church in Ayar town, Gwer East Local Government Area, they were ambushed by armed gunmen.
“They opened fire indiscriminately on the worshipers resulting in the death of two Reverend Fathers, a catechist and 17 others.
“This latest attack on a worship centre, which is unprecedented has grave implications for the security and unity of our dear nation.
“The monumental refugee situation now estimated at over 200,000 is being faced by the entire state,” he said.
The lawmaker prayed the Senate to urge the Federal Government to evaluate the entire security architecture of the country and for the identification, apprehension and prosecution of the perpetrators of the killings.
Contributing, Sen. Adamu Aliero (APC-Kebbi) decried the wanton killings, saying there was need for concerted efforts by relevant stakeholders to nip the problem in the bud.
According to him, if care is not taken, it will lead to religious crisis in the country.
“I do not think those perpetrating the crime do not have a religion. They can attack Muslims and Christians, so we should treat them as criminals.”
Sen. Sam Anyanwu (PDP-Imo) said if not nipped in the bud, the continuous killings in the country would also lead to food scarcity.
“If nothing is done urgently, there will be food scarcity because the places that are attacked are predominantly farmers. We must fight this as a country.
“The service chiefs should be engaged to know what is happening. We should also seek foreign aid. I think some people are gaining from this development,” he said.
Sen. Obinna Ogba advised that President Muhammadu Buhari be invited to a joint session of the National Assembly.
He stressed that something drastic should be done to address the security situation of the country.
In his remarks, the President of the Senate, Dr Bukola Saraki, said the continued killings across the country were worrisome.
“We were talking about herdsmen and farmers, now we are talking about herdsmen and religious leaders.
” The dimension this is taking will lead to a serious problem if not urgently tackled.
“We need drastic action, we must say no to the wanton killings.
” We cannot continue to say we are leaders; this is a failure and we must look at what we can do differently.
“We cannot continue like this, we have to take a decision that will show we are serious given the enormity of the situation,” he said.
The lawmakers observed a minute silence in honour of those who lost their lives in the latest Benue killings and in other parts of the country.
Recall that the House of Representatives had earlier summoned the president over the incessant killings across the country.
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Senate invasion: Saraki announces special panel to strengthen security in NASS
Senate President, Dr. Abubakar Bukola Saraki, on Tuesday, announced that the National Assembly will be constituting a joint committee of the Senate and the House of Representatives to investigate Wednesday’s invasion.
The Committee will also be tasked with coming up with recommendations that will ensure that such security breaches do not reoccur in both the Senate and the House.
“We have also directed our security agencies, head of services and the Inspector General of Police to look at how to strengthen the security of the National Assembly to ensure that this kind of security lapses never occur again,” the President of the Senate said.
Saraki also commended the Chamber Staff of the National Assembly for their gallantry and courage during last Wednesday’s invasion of the Senate by sponsored thugs.
He said:“My Distinguished colleagues and I would like to thank the Chamber Staff for their gallantry courage during the invasion of the Senate Chamber on Wednesday, 18th April 2018.
“We want to thank you immensely, particularly two of your colleagues, Chuks and Sandra, who have been admitted due to the invasion — we are happy to see them recovering and we wish them a speedy recovery.
“We also want to thank everybody for the role that they played in defending the democracy in the country. We have also resolved to tighten the security of the National Assembly and we need the co-operation of all members of the public to please co-operate with us as we do this.”
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‘Order Saraki, Melaye, others to refund ‘illegal N13.5m allowance with interest’ – SERAP asks court
A non-governmental organisation, the Socio-Economic Rights and Accountability Project, SERAP, has asked the Federal High Court in Lagos to order the Senate President, Bukola Saraki, Senator Dino Melaye and 107 other senators to refund “illegal and unconstitutional N13.5 monthly allowance received by each senator with interest, and to stop the lawmakers from receiving such unjustified allowances”.
The group is asking the court to order “an investigation by appropriate agencies as to how the public funds that have so far been received by each senator have been spent and for the findings of any such investigation to be made public.”
Recall that the lawmaker representing Kaduna Central senatorial district, Senator Shehu Sani, had in March revealed that Nigerian senators were earning N13.5 million monthly as running cost.
Reacting through the Chairman, Senate Committee on Media and Public Affairs, Aliyu Sabi Abdullahi, the upper legislative chamber stated that there was nothing new about what Sani declared, and recalled that the cost of the offices of Senators were contained in various line items and expenditure heads of the budget of the National Assembly which has been made public.
But in a suit filed yesterday, marked FHC/L/CS/630/18, SERAP argued that, “The defence put forward by the Senators that the said sum is contained in the Appropriations Act with different headings like medicals, travelling, etc holds no water. This is because the Schedule of the Remuneration Act clearly makes provision for medicals, travelling etc. The argument that the running cost is for such medicals etc has no legal fount.”
SERAP also argued that, “There is no doubt that the Senate herein represented by the Senate President acted ultra vires in its powers by allotting to themselves the said sum of N13.5 Million monthly as running cost. It is trite law that when the word ‘shall’ is employed in a statute, the primary meaning that the court will assign to it is that such provision is mandatory and leaves no room for discretionary or arbitrary exercise of power except a congruence reading if the statute intends otherwise.”
Joined in the suit as Defendants are the Senate President and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN.
The organisation requested the court to determine, “Whether the sum of N13.5 Million allowance allotted to each senator monthly as running cost aside their salaries and other emoluments is not in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008.”
It also prayed the court to determine,“Whether the sum of N13.5 Million monthly allowance allotted to each senator is not illegal, unconstitutional and unjustified having regards to the provisions sections 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act.”
The suit filed on SERAP’s behalf by Ms Bamisope Adeyanju reads in part: “The sum of N13.5 Million shared by the Senate President and other senators monthly is neither part of their salaries and allowances as approved for them by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) nor contained in the Appropriations Act. This is further strengthened by the declaration of the RMAFC that the said sum is not known to the RMAFC and therefore illegal.”
“Furthermore the provisions of the Certain Political, Public and Judicial Office Holders (Salaries and Allowances) (Amendments) Act 2008 (hereinafter referred to as ‘the Remuneration Act’) do not contain the said running cost enjoyed by the Senate President and other senators.”
“Section 70 of the Constitution is mandatory and makes no room for discretionary act. When such provision is breached as in the instant case there is no other option than to hold that the Defendants’ action is illegal, unconstitutional and unjustified having contravened the sacrosanct provisions of the grundnorm and other relevant statutes herein cited.”
“The Senate President and his colleagues in the Senate allot to themselves the sum of N13.5 Million monthly aside their monthly salaries and allowances as running cost since assuming office. SERAP learnt of this illegal act Sen. Shehu Sani, the senator representing Kaduna Central revealed that he and his colleagues receive N13.5 Million monthly aside their salaries and allowances. The Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC), the constitutional body responsible for fixing public officials’ salaries and allowances, has declared the said sum of N13.5 Million running cost of the Senate President and other senators as illegal.”
“The Senate President and other senators allotting to themselves the sum of N13.5 Million monthly runs afoul of the law and as such their act amounts to illegality, and is unconstitutional and unjustified.”
“Section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) (hereinafter referred to as ‘the Constitution’) clearly provides that: A member of the Senate or the House of Representatives shall receive such salary and other allowances as the Revenue Mobilisation Allocation and Fiscal Commission may determine.”
SERAP is seeking the following reliefs:
A DECLARATION that the sum of N13.5 Million allotted to each senator per month as running cost aside their salaries and allowances is in breach of the provisions of section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act.
A DECLARATION that the sum of N13.5 Million allotted to senators per month as running cost is illegal, unconstitutional and unjustified having regards to section 70 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and the Certain Political, Public and Judicial Office Holders Act 2008 and the Appropriations Act.
AN ORDER directing the Defendants to stop allotting the sum of N13.5 Million to each senator per month as running cost, the said sum being illegal and unconstitutional.
AN ORDER compelling the 2nd Defendant to call for immediate investigation by the appropriate federal agency on the use to which the said sum was put to by the 1st Defendant and his colleagues.
AN ORDER directing the Defendants to make public the findings of the investigation by publishing same in at least two national dailies.
ANY ORDER(S) that the Honourable Court may deem fit to make in the circumstance of this suit.
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NASS should sanction Buhari for withdrawing $146m from ECA without approval – PDP
Nigeria’s main opposition party, Peoples Democratic Party (PDP) has called on the National Assembly to commence constitutional processes to sanction President Muhammadu Buhari for allegedly withdrawing $146m from the nation’s Excess Crude oil Account (ECA) without prior approval from it (the National Assembly).
The party said the President violated his oath of office by “illegally” withdrawing and spending from the Excess Crude Account (ECA) without the constitutionally required legislative appropriation.
A statement issued on Monday by the spokesman of the PDP, Kola Ologbondiyan, said President Buhari was aware that his unilateral spending of $496 million (N151.374 billion) from the ECA, without recourse to the legislative approval of the National Assembly, was a gross violation of the laws and constitution of Nigerian and a direct affront to statutory order as a democratic state.
“By this action, President Buhari has technically suspended the 1999 Constitution (as amended), plundered the inherent powers of the National Assembly as the principal institution of democratic rule, while re-enacting a sole administratorship in governance as if our nation is operating a military regime.
“More disturbing is the revelation that President Buhari paid the $496 million for the purchase of military aircraft from the United States, ignoring allegations of overprice and issues concerning due process, just to achieve a political expediency of currying President Donald Trump’s support for his 2019 re-election bid,” the statement added.
The party further stated that the President’s action amounted to a gross misconduct and betrayal of public trust, adding that in the bid to push a personal agenda, he deliberately side-stepped statutory legislative scrutiny and acted in clear breach of section 80 (3) (4) of the 1999 Constitution (as amended).
“While Section 80 (3) states that “no monies shall be withdrawn from any public fund of the federation, other than the Consolidated Revenue Fund of the federation unless the issues of those monies have been authorized by an act of the National Assembly
“Section 80 (4) provides that “no monies 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.
“It is shocking that President Buhari, whose administration prides on claims of transparency and zero tolerance for corruption, elected on a platform that lay claims to the height of progressivism, who boasts of the highest standards of integrity, can mundanely resort to a violent abuse of our constitution just to suit a desperate passion of seeking re-election.
“It would be recalled that following the public outcry over the announcement that President Buhari had unilaterally approved the withdrawal of $1 billion from the ECA, the Presidency, through its Special Adviser on National Assembly Matters, Senator Ita Inang, on April 9, 2018, stated that no such approval had been made, adding that the President would never act in breach of section 80 of the constitution; yet they were aware that payments have been made,” the party added.
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Buhari allegedly withdraws $462m from ECA without NASS approval
President Muhammadu Buhari has approved the withdrawal $462 million from the Excess Crude Account (ECA) to the United States for the procurement of 12 Super Tucano aircraft, without a formal approval of the National Assembly, This Day newspaper has reported.
Investigations reveal that a new letter by the president to the National Assembly, says the U.S. government had given a payment deadline for the aircraft purchase, hence, the need for the hasty approval and payment.
Recall that the president transmitted the letter to the National Assembly leadership on April 13 and it was received in the Office of the Speaker of the House of Representatives on April 17.
The letter shows that the president had already given anticipatory approval for the withdrawal of $496,374,470 (N151 394, 421, 355) from the ECA for the purchase of the aircraft and was only seeking the inclusion of same in the 2018 Appropriation Bill that the National Assembly is currently finalising.
The date on the letter indicated that the President had given approval for the withdrawal of the cash and paid before a public announcement of the approval, ThisDay reports.
According to ThisDay, Buhari’s letter reads, “I wish to draw the attention of the House of Representatives to the ongoing security emergencies in the country. These challenges were discussed with the state governors and subsequently, at the meeting of the National Economic Council on 14th December, 2017, where a resolution was passed, with the Council approving that up to US$1 billion may be released and utilised from the Excess Crude Account to address the situation.
“Subsequent upon this approval, we are preparing a comprehensive schedule of all the requirements for each of the security services for presentation to the National Assembly for consideration.
“It would be recalled that, for a number of years, Nigeria had been in discussions with the United States Government for the purchase of Super Tucano Aircraft under a direct Government-to-Government arrangement. Recently, approval was finally granted by the United States Government, but with a deadline within which part payment must be made otherwise, the contract would lapse.
“In the expectation that the National Assembly would have no objection to the purchase of this highly specialised aircraft, which is critical to national security, I granted anticipatory approval for the release of US$496,374,470.00. This was paid directly to the treasury of the United States Government.
“I am therefore writing, seeking approval of this House for the sum of US$496,374,470.00 (equivalent to N151,394,421,335.00) to be included in the 2018 Appropriation Bill, which the National Assembly is currently finalising. The balance of the requirements for critical operational equipment is still being collated from the different security services and will be presented in the form of a Supplementary Appropriation Bill, in due course.
“The Honourable Minister of Defence and other appropriate officers will be available to provide further details, as may be required.
“While thanking the Honourable Members for the usual cooperation, please be assured Mr. Speaker, the assurance of my highest regards.”
The letter also proved false several claims that Mr President did not give a final approval before the announcement.
Recall that the Minister of Defence, Mansur Dan Ali, while speaking with journalists at the end of a security meeting chaired by the president on April 4, announced that Buhari had approved the release of $1 billion to Nigerian Defence authorities for the purchase of security equipment to fight insecurity in the country.
“Of recent, our leader, President Muhammadu Buhari, gave approval for the purchase of more equipment for the military, worth $1 billion,” he said.