The Presidency has faulted the impeachment move against President Muhammadu Buhari by the National Assembly, saying there is nothing to warrant such action from the lawmakers.
Blaming the delay in the passage of the 2018 budget as being partially responsible for the controversy, it noted that what the president did in paying for the aircraft “is within the law and inherent powers conferred on his office.
” President Buhari, last week, came under legislative heat when the two arms of the National Assembly queried his communication to the lawmakers, asking them to okay and include in the 2018 appropriation bill, the sum of $496 million, which he had already spent from the Excess Crude Account to purchase military aircraft. Buhari, in the letter, explained that the money, withdrawn and paid to the United States of America for the 12 Super Tucano aircraft, was done to beat the deadline for the arms deal.
This development drew the angst of both the Senate and the House of Representatives, with some members asking for the president’s impeachment for acts bordering on gross misconduct, as obtained in Section 143(1) of the 1999 Constitution.
However, at the end of plenary, the two chambers resolved to separately refer the issue to the committee on judiciary, as well as that on ethics and rules. Thumbs down lawmakers Faulting the lawmakers’ move yesterday, Senior Special Assistant (Senate) to the President of Legislative Matters, Senator Ita Enang, said the president acted within the ‘inherent’ powers conferred on his office by the constitution. “There is no untoward intent, action or behaviour. This is just a procedural issue.
No Nigerian has imputed any ill motive, not even the legislators. T
he legislature and the executive have inherent powers, powers that inhere in your office. The legislature, whenever there is an emergency, it invokes its inherent power, so the executive whenever an extraordinary emergency arises.
And this is a case of extraordinary emergency,” he said. Enang made the defence when he featured on the African Independent Television Breakfast programme, Kakaaki, monitored in Ilorin. He explained that the president’s decision was hinged on certain exigency and contingency bordering on national security interest.
Although the lawmakers called for the invocation of Section 143(1) of Constitution which deals with removal of the president on ground of gross misconduct, the presidential aide however claimed there was never a time such move was made. He said: “When the letter was read on the floor, it said this is an argument of intervention arising from the communication of Mr. President for appropriation.
You know when the president laid the budget before the National Assembly, until that budget is passed, the president can still make input and request, individuals can still make input and request; the legislature can remove or input what the president did not request. So, this appropriation bill is still before the House, ‘in addition to what I told you; more money has come in, please include it for us.’
“Don’t forget the argument. I thank Senator Uroghide (Mathew), because he has said the intention of President is noble, is honest, but that the procedure may have been sidetracked. It is not a question of substance. Again, don’t forget that in Mr. President’s letter, he said the payment was done from treasury to treasury (from the treasury of the Nigerian government to American government’s treasury) without any intermediary, bank or any third party to suggest any untoward motive.
So, the question of impeachment has not arisen.” Further justifying his principal’s action, Enang, who was at the two arms of the federal legislature for 16 years, insisted that the president did no wrong by his action.
“The president is not guilty of gross misconduct. Two, the question of impeachment is not before the National Assembly.
Three, there are precedents under President Olusegun Obasanjo. It is not a question of impeachment; it is the legality or otherwise of the president’s request to include what is contained in his letter to the National Assembly in the 2018 budget.
“Where we are now, unless we are prepared, we are likely to go into a state of war. What is happening in Benue, what is happening in Yobe, what is happening in Borno, what is happening Taraba, what is happening in Zamfara? Is it not almost getting to a state of war?” On whether money not appropriated can be spent, the former chairman, House Committee on Rules, replied: “You can, you can.
You can spend part of the money until the budget is passed. “The budget that is yet to be passed, you can spend money from it anticipating approval. Remember, His Excellency, the Senate President has said that the members of the US Congress had come sometime in September last year and interfaced with them whether they will give approval,” he said.
Also reminded of the consequences of spending funds not appropriated, the former lawmaker said: “We are not spending from 2017 appropriation; we are spending from 2018 proposed appropriation.
“It is security exigency and it is a contingency.
The law recognises that in an emergency, you can spend from the budget undergoing process. This is why the Senate and the House have asked the committees on judiciary and rules to look into it so as not to make a hasty conclusion.
“Remember, I had said this money was not anticipated until after the president had presented the budget. The National Economic Council approved of this about December and the money was moved from Excess Crude Account to the Consolidated Revenue Fund now becoming the federal government.”
Enang also said at the time of moving the sum from the ECA to CRF, “an emergency arose and the president wrote in that letter that because of the limited time and the security implication,” he swiftly acted.
He further clarified that the aircraft, to be delivered in 2020, is to be built to specification, and the booking must be made well in advance.
“And don’t forget there are other countries on the line. Except you pay in time, you are out of it. Again, what is the amount involved in this? It is one billion US dollars.
Why president and the Security Council were trying to tidy up the detail of the $1 billion to submit to the National Assembly, it became expedient that if he waited for this to be done, the Air Force, the Army, the National Intelligence Agency, and of course the Civil Defence, to submit their details, the time would have gone.
“In his wisdom, Mr. President decided that in the national security interest, he should pay and forward later to the National Assembly to be accommodated in the 2018 budget.
The original intention would have been to have the entire money submitted for appropriation if the 2018 budget had been passed as at December or January. But since it delayed and didn’t come to effect, it became necessary that it has to be paid treasury to treasury
