By Dan Amor
For all you may care
to know, the 2016 Appropriation Bill, like its predecessors, has continued to
generate heat between the Executive and the Legislature one month into the
second quarter of the year. Some analysts have ascribed the feud between the
Presidency and the National Assembly over the 2016 Budget to the trial of the
Senate President Dr. Bukola Saraki by the Code of Conduct Tribunal over the alleged
false declaration of assets by Saraki.
They believe that the
National Assembly is trying to use the budget as a bargaining chip to cut a
deal with the Presidency in order to give the Senate President a soft-landing.
And, as they say, when two elephants fight, the grass suffers, Nigerians are
facing untold hardship as a result of the protracted delay in the passage of
the budget. Yet, unnecessary Executive/Legislative conflicts have come to
characterise the annual budget making process in the country and, to a large extent,
undermine the effectiveness of budgets in delivering to Nigerians the
so-called dividends of democracy. These conflicts have arisen in spite of the
actual delineation of roles and responsibilities of the Executive vis-a-vis
the Legislature particularly the extent of authority regarding variations to
key assumptions incorporated in the Appropriation Bill by the Executive that
should be allowed the Legislature. In the particular case of the 2016
Appropriation Bill, the National Assembly went too far.
Section 4 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended) is unambiguously
clear about the role of the National Assembly and its responsibilities as the
Podium of the elected representatives of the people. Also, Sections 80-83
publish the role of the Legislature with specific respect to the management of
the nation’s finances. Whereas, in exercising its oversight functions, the
Legislature is empowered by the Constitution to either add to or subtract from
the allocation forwarded to it by the Executive, it can always do that in
consultation with the latter. The Constitution does not empower the National
Assembly to create new clauses or remove in its entirety an item already budgeted
for by the Executive without the consent of the latter. The current unbridled
legislative rascality being displayed by our lawmakers is nothing but the
hangover of irascible corruption which was the stock-in-trade of previous legislatures
since 1999.
No doubt, the
received wisdom and the practice of the presidential system of democracy
indubitably accords the Legislature unfettered authority to vary any aspect of
the budget proposal preferably in consultation with the Executive, as noted
above, as an integral part of the approval process. To ensure that the decision
to alter the content of the Appropriation Bill prior to approval is not
whimsical or driven by selfish considerations, it is recommended that exclusive
and far-reaching consultations and collaboration between the Executive and
Legislature should characterise the budget preparation process.
But in the context of
the prevailing situation, the Legislature is yet to establish a full-fledged,
appropriately staffed Legislative Research and Budget Office and, to that
extent, is handicapped by the lack of a robust basis upon which to perform its
approval and oversight functions. In the United States of America from where
we borrowed our Executive Presidential system, internationally celebrated
economists and reputable experts such as Professor John Kenneth Galbraith, are
constantly hired by the Legislature to think for them and give them direction
in the budgetary procedure.
It is therefore
suggested that this power to vary budgetary proposals from the Executive
should be exercised with a great deal of circumspection as the Executive could
be operating from the standpoint of a relatively superior understanding of the
workings of the economy given the institutional capacity of its proposal. For
instance, in 2004, while Nigerians were expecting words regarding the approval
of the budget which President Olusegun Obasanjo presented to the joint sitting
of the National Assembly on October 12, 2004, it filtered out that there was
move to increase the benchmark price of crude of 27 dollars used for the
preparation of the budget and that the Executive had sent in a letter
cautioning against such a move.
President Obasanjo
warned that an attempt to undertake such a move would amount to a misreading
of the oil situation. He further buttressed the point regarding the volatility
of the oil market by citing a development in which there was drop in the price
of crude to the tune of about six dollars within 24 hours. President Obasanjo
also referred to the improvement in the political situation in Iraq with
elections scheduled for the end of that year. And that if Iraq was allowed to pump at the
level of its OPEC approved limit of 3 million barrels per day, it could result
in the softening of the oil market.
When you factor
uncertainties regarding production activities in Russia and the value of the dollar
which might increase the pressure on the membership of OPEC to burst quota
allocations, the case to err on the side of caution could not have been better
made. Yet, our lawmakers have consistently demonstrated high profile inanities
towards the budget process. In 2002, the aggregate expenditure in the
Appropriation Bill was unilaterally increased from N780.0 Billion to N1.064
Trillion by the National Assembly without adequate attention paid to the
source of revenue to fund this increased expenditure.
What was also particularly
worrisome in that situation as in the present was that the Legislature
proceeded to vote huge sums of money for what it tagged “Constituency Projects”
with the curious intention that each Senator would oversee such expenditures.
Such a development offends the sensibilities of the generality of the
population and one would like to ask the question: who would perform oversight
functions in that situation? When revenue realised falls below projected expenditures,
it is almost certain that the implementation of the budget for that particular
fiscal year would be thoroughly undermined. But our lawmakers would rather
prefer we borrow to fund recurrent expenditures while capital projects languish.
This is the more reason why there should always be adequate consultation and
interface between the Executive and the Legislature during the preparation of
the budget and that, as a result, the approval process would be fast tracked.
While it is a fact
that constitutional powers to provide for the funding of the government of the
federation is that of the Legislature, it could be less problematic if the
Legislature could go into some consultation with the Executive to ascertain the
basis of the content of the budget proposals. This is the reason why it is
recommended that the ideal time-sequencing in the budget process should allow
the Executive four months latitude for its preparation and about a similar
length of time should be allowed for the Legislature to undertake all due
process requisite for its approval. The budget process would be considerably
facilitated if we move from single to multiple-year budget preparation in the
context of a Medium Term Expenditure Framework to better insulate the budget
from exogenous shocks such as a drop in the price of oil and accord the
desired level of predictability to the budget process.
What is more, there
is an urgent need for an Act of the National Assembly delineating the extent of
powers to be exercised by parties involved in the process so as to facilitate
a hitch-free preparation of the Appropriation Bill. The practice of periodic
briefing on the performance of the budget should be encouraged to underwrite
transparency and accountability as well as aid the Legislature in its oversight
functions. As it stands, the delay in the passage of the budget amounts to
economic sabotage. It has brought the country to a standstill with so much
motion and no movement.
Industries are
grinding to a halt while importers cannot bring in essential goods even as
citizens are swimming in excruciating poverty and gnashing of teeth
everywhere. Landlords and tenants are at loggerheads with each other amidst the
biting cash crunch and crime wave is on the increase. There is disharmony in
the land even as our Senators who are holding us to ransom are buying exotic
cars in the face of these national woes. This budget crisis must be resolved
without further delay to foster the real change Nigerians voted for.
*Dan Amor, an
Abuja-based public affairs analyst contributes to this blog. (danamor98@gmail.com)
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