Judiciary Expenditure: Agbakoba Faults 2018 Budget, Declares It Unconstitutional

 

Sunday Okobi

A Senior Advocate of Nigeria (SAN), Dr. Olisa Agbakoba, on Wednesday has faulted the 2018 Appropriation Bill, saying it is unconstitutional for the executive arm of the government to lay before the National Assembly estimates of revenues and expenditure for the judiciary.

According to the Maritime lawyer, the constitution requests each arm of government to lay before the National Assembly its estimates of revenue and expenditure for each financial year after which it is appropriated, harmonized as a bill and presented to the president for his assent.

In a letter he addressed to the Senate President, Dr. Bukoka Saraki, Agbakoba lamented that the action of the executive is against the subsisting Federal High Court decision in Olisa Agbakoba vs. Attorney General of the Federation and  others suit No. FHC/ABJ/CS/63/2013, which has declared the practice unconstitutional.

“As you are well aware, the 2018 Appropriation Bill has been laid before the National Assembly by the President and discussions are ongoing on the estimates. Sections 81 to 84 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) set out the procedure for preparing the Appropriation Bill.

“The constitution requests each arm of government (the Executive, Legislature and the Judiciary) to lay before the National Assembly its estimates of revenue and expenditure for each financial year for appropriation and harmonization, but unfortunately, the executive has failed to comply with this procedure by laying before the National Assembly estimates of revenues and expenditure for the judiciary,” he noted in the letter.

He therefore suggested that the National Assembly should draw the attention of the executive to the decision of the Federal High Court.

He said: “The National Assembly should request the National Judicial Council to lay before it the Judiciary’s estimates of revenue and expenditure for 2018 and the Executive be made to represent its estimates for 2018.

“In summary, the constitutional procedure for preparing the appropriation bill is that each arm of government (the Executive, Legislature and the Judiciary) lays before the National Assembly its estimates of revenue and expenditure for each financial year after which it is appropriated, harmonized as a bill and presented to the President for his assent.

“We are unaware if the National Assembly has laid it budget estimates. But please note that if after seven days the constitutional procedure is not complied with, we shall have no choice but to initiate legal proceedings to enforce the decision of the Federal High Court and set aside the 2018 Appropriation Bill.”