2017 Budget Violates Constitution – Fashola

By Ogbolu George

Babatunde Fashola, the Minister of Power, Works and Housing, has disclosed that there were provisions in the 2017 Appropriation Act which violate the constitution of Nigeria.

Federal lawmakers had argued that the National Assembly acted within the law in adding to the 2017 budget and won’t be a rubber-stamp for anybody.

Judicial interpretation

Speaking with the Cable, Fashola said there might be a need for judicial interpretation to put the controversy to rest.

”In a federal example like ours, nobody should be scared to have a judicial interpretation of the limits of the power the parliament can exercise during appropriation.

”It is the law that affects our day-to-day developmental expectations. My view is that I don’t think parliament has the power to increase the budget because parliament does not collect taxes.

”Budget has expenditure as it has revenues, and if the executive has formed the view about earning and borrowing subjects to the approval of the parliament, I think it is only fair to say we won’t push you beyond what is reasonable.

”If the executive says it is unreasonable, there is room for consultation but to unilaterally increase the budget is not something that lies in the power of the parliament, although they can reduce it,” he said.

Separation of power

Speaking on the issue of separation of power, Fashola said it should not be taken out of context, maintaining that the three arms of government were ”inter-dependent” and that no arm can be absolutely independent.

”I don’t think that they can sit down and legislate projects that are not federal projects, that would be doing violence to the constitution because there are three levels of government. The local and state governments have their responsibilities and the federal government should be building federal roads not state roads.

”In my budget, you will find things like motorised boreholes, primary health care centres. That is a violation of the constitution, it shouldn’t be in the appropriation law of the federal government. If the judiciary decides that it is the national assembly that should make the budget and hand it over to the executive to implement, so be it,” he said.