Headlines

NASS Has Powers To Adjust Budget Estimates – Court

Published

9 years ago

June 22, 2017

By Aaron Ossai

The Federal High Court, Abuja, has ruled that the National Assembly has the power to increase – or review upward – budget estimates laid before it by the executive.

This followed a suit by popular advocate, Femi Falana, in which he listed the President, the Attorney-General of the Federation, the National Assembly and the Auditor-General of the Federation as respondents.

The Plaintiff (Falana) had asked the Court to determine four questions whether;

By Section 81 of the Constitution, the National Assembly can 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;

By Section 85 of the Constitution, the National Assembly can 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;

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, and;

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.

He, therefore, 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 offenses committed by public officers, corporate bodies and individuals in Nigeria.

He also sought an order of perpetual injunction restraining the Parliament 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 offenses committed by public officers, corporate bodies and individuals in Nigeria.

Judge Gabriel O. 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 is that NASS, under the guise of exercising oversight functions, usurps executive powers; an assertion which the judgment subsequently nullified.

He stressed that the Nigerian Constitution, which is modeled largely after that of the United States, has “as its underpinning principle, 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, i.e. legislature, judiciary and executive. He also 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 his 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.

The judge, in his verdict, further noted that the whole purpose of sections 81, 85, 88 and 89 is 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, stressing 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.

Addressing questions put to the court by Falana, the Judge 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 also ruled 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”, i.e. relating to matters contained in the Exclusive Legislative List, on which Parliament can legislate and/or amend existing laws.

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.”

All seven reliefs sought by Falana against the National Assembly were, thus, not granted.

The judge further stated that; “no Court of law created and established pursuant to the provisions of the Constitution, 1999 as amended, in the legitimate exercise of its undoubted jurisdiction as the guardian of the Constitution and on the basis of the doctrine of separation of powers enshrined in the Constitution, can prospectively grant the restraining orders sought by the plaintiff (Falana) against the 3rd Defendant (the National Assembly) as the Legislative Arm of the Government of the Federation.”

The case, with number FHC/ABJ/CS/259/2014, was initiated in 2014, and judgment was issued in March, 2016 and was not appealed by any of the parties.

Headlines

2027: THE MANY WARS IN PARTIES

Published

2 months ago

June 1, 2026

Our Reporter

☆ ADC, PDP, NDC, LP Tacle APC Amidst Internal Wranglings.
☆ Party primaries trigger godfather vs godson clashes.
By: Our Special Correspondent.

Election periods always make Nigeria a political melting pot. Tensions, intrigues, violence, manipulations and grandstanding have been the order.
2027 may not be an exception, as already, the polity is heating up and political players are up in arms.
Between political parties, battle lines are being drawn.
It is no longer news that, President Bola Ahmed Tinubu of the APC, former Vice President Atiku Abubakar of the ADC and former Anambra state governor, Peter Obi of the NDC have secured the presidential tickets for their various political parties, ahead of the 2027 elections.
While Nigerians await the outcome of the presidential primaries for the other parties, it is apparent that the leading dramatis personae of the 2023 presidential election debacle, are set to square it out again in 2027.
But, while most, if not all the opposition political parties are emershed in multi-dimenssional crisis, the stage seems set for dirtier political schemings, in the quest to wrestle power from the ruling APC.
With the apparent collapse of the much talked about coalition, frontline candidates may again go into the election as a divided house, as the parties are further polarized by the attendant crisis arising from the just concluded primaries.
The ruling APC, also faced with similar crisis following the primaries. The primaries of all the parties seem to have sparked internal wranglings
across Edo, Delta, Lagos, Oyo, Kano, Rivers and other states. In most states, the primaries for governorship, Senate and House of Representatives seats have triggered deepening crises between governors, former governors, senators and entrenched party blocs.
While one may regard such disagrerments as normal and could be resolved before the main election, the disagreement between President Tinubu and the opposition may linger.

The President is fighting hard to ward of attacks over his failed promises which were made in 2023, as campaign issues.
Similarlly, the issue of insecurity, fuel subsidy, pol8cy summersault, and general cost of living have been brought to the front burner, in political discourse.
Tinubu told Nigerians on Friday that subsidy removal and forex reforms have revived investor confidence, lifted market cap to 250,000 points, and drawn new oil and gas investment. He also said security operations have “intensified” against bandits, separatists and insurgents.
But critics insist that Tinubu’s camp is working to cripple opposition parties reminescent of the Abacha-era dark days.
In apparent move to realign forces and reshape 2027, NDC’s Peter Obi has announced Rabiu Musa Kwankwaso as his running mate.
Obi told a gathering brfore naming Kwankwaso as his running mate, that, the Vice President office under him, will be “an active partner, not ceremonial”. The NDC held a special convention Saturday to affirm Obi as flagbearer where he promised 10,000MW electricity generation. Labour Party has also presented Dr. Chibuzo Okereke as its presidential candidate, a lowly rated personality.
At the sub-national level, political players are pulling the strings from different end. Most governors are being accused of imposing their cronies as governorship, senate, House of Representatives and House of Assembly candidates.
The national leadership of the APC has been struggling hard to adress the widespread crisis occassioned by the primaries. The APC, in Lagos amidst the internal wars, has picked Princess Damilola Sonayon-James as running mate to Lagos governorship candidate Dr. Obafemi Hamzat. Both are seen as stooges of the governor and by extenssion the President.
In Rivers, FCT Minister Nyesom Wike has vowed that, the APC “Rainbow Coalition” will agree on one governorship candidate and that ADC’s Atiku won’t get 10% of Rivers votes. Though the candidate has not yet been named.
Wike also declared “Rivers has no option but to back Tinubu”.
In several states, there have been massive decampments from the APC in particular, because of unfavourable outcomes of the primaries.
All these point to a turbulent outing for the APC, even as the ruling party.
As for the opposition parties, they all have been emasculated, and may not be able to pose much threat to the ruling APC.
While the political wranglings were going on the most serious threat to the APC remains the rising concern over insecurity. The issue seem to have ignited anger across the country, with Federal Workers Forum threatening an indefinite nationwide strike over rising insecurity and unresolved wages. SERAP, has meanwhile urged the UN Secretary-General to invoke Article 99 over Nigeria’s “escalating insecurity—mass abductions, killings, displacements”.

Headlines

“Nigeria Is in a Hurry to Celebrate Victory Over Enemies of the State,” Says Tinubu as He Decorates New Service Chiefs

Published

9 months ago

October 30, 2025

Our Reporter

By: Fabian Apechihin

President Bola Ahmed Tinubu has urged the newly appointed service chiefs to discharge their duties with utmost dedication and renewed commitment, declaring that “Nigeria is in a hurry to celebrate victory over enemies of the state.”

The President made this statement on Thursday during the decoration ceremony of the new service chiefs with their ranks at the Aso Rock Presidential Villa in Abuja.

Those decorated were General Olufemi Oluyede as Chief of Defence Staff, Lieutenant-General Wahidi Shaibu as Chief of Army Staff, Air Marshal Kennedy Aneke as Chief of Air Staff, and Vice Admiral Idi Abbas as Chief of Naval Staff.

The ceremony was attended by Vice President Kashim Shettima and the spouses of the newly promoted officers, who joined the President in performing the decorations.

In his address, Tinubu underscored the central role of security in fostering national development and reaffirmed his administration’s commitment to protecting the lives and property of all Nigerians.

“Security is an essential element without which everything else becomes meaningless,” the President stated. “There can be no sustainable development if this fundamental need is not met. Our people and our nation must remain secure to enjoy the dividends of governance.”

The elevation and decoration of the new military chiefs followed their confirmation by the National Assembly on Wednesday, after a closed-door screening session with lawmakers.

It will be recalled that, in a recent overhaul of the nation’s military hierarchy, President Tinubu appointed:

Lieutenant General Olufemi Olatubosun Oluyede as Chief of Defence Staff,
Major General Waidi Shaibu as Chief of Army Staff,
Rear Admiral Idi Abbas as Chief of Naval Staff,
Air Vice Marshal Sunday Aneke as Chief of Air Staff, and
Major General Emmanuel Undiandeye retained as Chief of Defence Intelligence.

The new appointments mark a strategic restructuring of Nigeria’s security leadership aimed at strengthening the fight against insurgency, banditry, and other threats to national stability.

Headlines

FG Dismisses Coup Rumour, Reaffirms Confidence in Nigerian Military

Published

9 months ago

October 20, 2025

Our Reporter

By: Fabian Apechihin

The Federal Government has dismissed widespread rumours of an alleged military coup plot against President Bola Tinubu, declaring its full confidence in the loyalty and professionalism of the Nigerian Armed Forces.

Minister of Information and National Orientation, Mohammed Idris, made this known in an interview with The Punch on Sunday, insisting that the administration has “no reason whatsoever” to doubt the assurances given by the Defence Headquarters, which had earlier denied reports linking the detention of 16 military officers to a coup attempt.

“The Federal Government has no reason to doubt the military on what it has said,” Idris stated.
“We believe the Armed Forces of Nigeria remain committed to protecting the nation’s territorial integrity and strengthening the fight against insecurity. The government commends their sacrifice and will continue to support them in safeguarding the country.”

The minister’s remarks came a day after the Director of Defence Information, Brigadier General Tukur Gusau, firmly debunked a report by Sahara Reporters alleging that the detention of 16 officers was connected to a failed coup plot and the cancellation of the 65th Independence Day parade.

Gusau described the publication as “false, mischievous, and deliberately aimed at creating unnecessary tension and public distrust.”

He clarified that the cancellation of the October 1 Independence Day parade was a purely administrative decision — taken to allow President Tinubu attend a key bilateral meeting abroad and to enable military units sustain ongoing counterinsurgency operations nationwide.

On the issue of the detained officers, Gusau said their case was “an internal disciplinary process” and not related to any political matter.

“The investigation involving the 16 officers is routine, aimed at upholding discipline and professionalism within the ranks,” he explained. “An investigative panel has been constituted, and its findings will be made public in due course.”

Reaffirming the military’s constitutional role and unwavering commitment to civilian rule, Gusau stressed emphatically: