Justice Gabriel Kolawole of the Federal High Court in Abuja on Tuesday held that the National Assembly has the power to review budget estimates laid before it by the Executive arm of the Federal Government.
A human rights lawyer, Femi Falana (SAN), had, in a suit asked the Court to determine whether the National Assembly could increase or review upward any aspect of the estimates of the revenues and expenditure of the Federation for the next financial year prepared and laid before it by the Executive.
Falana wanted the court to determine whether by Section 85 of the Constitution, the National Assembly could audit public accounts of the Federation, appoint auditors for statutory bodies or conduct periodic checks of all government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly in any manner whatsoever and howsoever.
“That by virtue of sections 88 and 89 of the Constitution, the National Assembly can summon corporate bodies and private individuals while conducting an investigation into any matter. By virtue of section 214 of the Constitution, NASS can probe or investigate the allegations of corrupt practices, fraud, murder and other criminal offences committed in statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly in any matter howsoever.”
Falana prayed the court to declare unequivocally that by virtue of the stated sections, the legislative arm cannot increase budget estimates, or audit accounts of the Federation (or appoint auditors to do same), summon corporate bodies and private individuals while conducting an investigation into any matter, or probe/investigate allegations of corruption, fraud, murder and other criminal offences committed by public officers, corporate bodies and individuals in Nigeria.
He sought for an order of perpetual injunction restraining NASS from increasing budget estimates laid before it by the Executive, auditing or appointing auditors to audit accounts of statutory bodies and public accounts of the federation or from conducting periodic checks of the accounts of government statutory corporations, commissions, authorities, agencies, including all persons and bodies established by an Act of the National Assembly, and restraining NASS from probing or investigating allegations of corruption, murder and other criminal offences committed by public officers, corporate bodies and individuals in Nigeria.
But the trial Judge, Justice Gabriel Kolawole, in his ruling, stated that the questions as posed by Falana’s counsel, bordered on interpretations of the specific provisions of the Constitution which relate to the exercise of the National Assembly’s constitutional legislative powers, and that the essence of the suit was that NASS, under the guise of exercising oversight functions, usurps executive powers.
He stressed that the Nigerian Constitution has the constitutional doctrine of separation of powers and that sections 4, 5 and 6 of the Constitution clearly state that the machinery of the government of the Federation at both federal and state levels, is predicated on three equal and coordinate arms of government, that is, the legislature, judiciary and executive.
Justice Kolawole observed that the drafting of the Constitution makes cooperation between all the arms compulsory as, by design, none can operate by standing aloof of the others, and this gives rise to the need for checks and balances, which would help prevent dictatorship, as certain powers by an arm of government are subjected to review or ratification by another.
He further noted that the whole purpose of sections 81, 85, 88 and 89 was to ensure that Executive and agencies under its control are subjected to some form of oversight by Parliament, and that since the National Assembly is constitutionally empowered to appropriate funds to be expended for the running of government, it therefore has powers of oversight to ensure those appropriated funds are properly administered.
“The legislature and the executive are subject to the interpretative jurisdiction of the court as to the constitutionality or otherwise of the exercise of their respective powers,” he said and stressed the fact that it is the Judiciary which has the constitutional responsibility of preventing both arms of government from committing infractions of provisions of the Constitution.
He stated that, “the National Assembly was not created by drafters of the Constitution and imbued with the powers to receive ‘budget estimates’ which the first defendant is constitutionally empowered to prepare and lay before it, as a rubber stamp parliament.
“The whole essence of the budget estimates being required to be laid before Parliament is to enable it, being the Assembly of the representatives of the people, to debate the said budget proposals and to make its own well informed legislative inputs into it.”
With regard to the question concerning the powers of the National Assembly to audit public accounts or appoint auditors, the judge stated that while the Constitution does not explicitly grant this power, “in so far as that duty is vested in the Auditor-General of the Federation, parliament still retains legislative oversight powers over the AGF even in respect of these matters.”
On whether legislators can summon private citizens, the court held that “when parliament exercises powers to summon private corporate bodies in contrast to public bodies, or where it summons a private citizen, the inquiry it is going to conduct must be such that it is within legislative competence.”
On investigative powers, the court ruled that parliament can, via resolutions, “direct agencies of government to conduct investigations; and where this is done in the legitimate and bona fide exercise of its constitutional legislative powers, to turn its reports to such agencies to aid them in their own investigations with a view, not to merely expose corruption, but to prosecute those found culpable.”
