Does this section of the constitution not allow Buhari to withdraw and spend money when the budget is yet to be passed? I am writing this because of the noise about purchase of a military jet.


https://nigerian-constitution.com/chapter-5-part-1-section-82-authorisation-of-expenditure-in-default-appropriations/

No, it does not.

This is regards of when a budget runs out and a new one has not been signed

Mynd44:
No, it does not.

This is regards of when a budget runs out and a new one has not been signed

It says appropriation bill at the beginning of the year.

Suplexx:


It says appropriation bill at the beginning of the year.

The context is Fiscal year not calendar year Sir!

Fiscal year starts from the day the Appropriation Bill is signed into law...

@OP, many will surely avoid commenting because you didn't indict the president. Whenever I watch the NASS members indulge in their camaraderie, I feel nostalgic about the NASS of 1979-83, 1992/93 and 1999-2003. The NASS members know the exercise is in futility.

TonyeBarcanista:
The context is Fiscal year not calendars year Sir!

Fiscal year starts from the day the Appropriation Bill is signed into law...

Can the president send another expenditure bill to the NASS when the appropriation bill has not been passed?

TonyeBarcanista:
The context is Fiscal year not calendar year Sir!

Fiscal year starts from the day the Appropriation Bill is signed into law...

Our fiscal year is January to December. A budget passed in May still covers January to December, not May to April.

docadams:


Can the president send another expenditure bill to the NASS when the appropriation bill has not been passed?

Absolutely!

He can always do that in form of amendment of the Appropriation bill or as a separate request.

Suplexx:


Our fiscal year is January to December. A budget passed in May still covers January to December, not May to April.

Sir, a budget signed in May means the Fiscal Year starts from May and will run until May the following year.

Appropriation Act, like any other act, takes effect from the moment it was signed into law. It is never backdated

TonyeBarcanista:

Absolutely!

He can always do that in form of amendment of the Appropriation bill or as a separate request.

A NASS member (?HOR) says otherwise, prompting the speaker to refer the case to the appropriate house committee.

docadams:


A NASS member (?HOR) says otherwise, prompting the speaker to refer the case to the appropriate house committee.

Lol I disagree with the NASS member.

When Buhari asked the National Assembly to approve $1b withdrawal for Arms purchase, was it part of the budget proposal? What about when Jonathan did same?

Either way ..abeg ,make them pass this budget on time, some of us dey wait for am ooo..

TonyeBarcanista:

Lol I disagree with the NASS member.

When Buhari asked the National Assembly to approve $1b withdrawal for Arms purchase, was it part of the budget proposal? What about when Jonathan did same?

The $1b was enmeshed in controversy. NASS accused presidency of not consulting and getting a nod from them while the presidency said it is aware of the need to get NASS approval. Meanwhile, a differing opinion said the ECA was not a creation of the constitution, so cannot be legislated upon by the NASS as has been the case from the onset. I believe the current imbroglio is a product of the original $1b issue.

docadams:


The $1b was enmeshed in controversy. NASS accused presidency of not consulting and getting a nod from them while the presidency said it is aware of the need to get NASS approval. Meanwhile, a differing opinion said the ECA was not a creation of the constitution, so cannot be legislated upon by the NASS as has been the case from the onset. I believe the current imbroglio is a product of the original $1b issue.

While I respect the opinion of the dissent, I believe it doesn't hold water.

Monies in the ECA are funds that belongs to the federation. The states, Local Government and federal government having their own share inside of it.

While I agree that the NASS can't legislate on ECA, considering that it is the statutory job of SHoA to legislate on state governments' spending, it remains a fact that the NASS has power over FG share of funds in ECA.

No matter how you look at it, the power to appropriate funds for the FG rests with the NASS irrespective of the source of the fund.

TonyeBarcanista:

Sir, a budget signed in May means the Fiscal Year starts from May and will run until April the following year.

Appropriation Act, like any other act, takes effect from the moment it was signed into law. It is never backdated

Why then did they say the govt cannot have access to unspent budget at the end of the year in December?

Secondly, I read every country has a standard Fiscal year. Nigeria is January to December.

Suplexx:


Why then did they say the govt cannot have access to unspent budget at the end of the year in December?

Secondly, I read every country has a standard Fiscal year. Nigeria is January to December.

Please, you should better understand Nigeria's fiscal year...

The Senate Appropriations Committee on Monday said the 2016 budget would run for 12 months and, therefore, expire on May 5 2017.

President Muhammadu Buhari assented to the budget on May 6, 2016, after a long delay amid allegations of budget padding and fraud.

According to the chairman of the Senate committee on appropriations, Danjuma Goje, the law backing the 2016 budget, 2016 Appropriations Act, provides that the budget shall run for 12 months, starting from the date it was promulgated.

“As far as the Bill that was signed into law by Mr. President is concerned, there will be no mop up on 31st March 2017 since the validity period for the 2016 budget ends midnight May 5th, 2017, ” said Mr. Goje.

https://www.premiumtimesng.com/news/top-news/227318-2016-budget-expire-may-not-march-senate.html

2016 budget ran from May 2016 to May 2017. Appropriation Act doesn't work with January to December system...

What is operational now is 2017 Appropriation Act which is to expire June 11, 2018.

Thank you

TonyeBarcanista:

While I respect the opinion of the dissent, I believe it doesn't hold water.

Monies in the ECA are funds that belongs to the federation. The states, Local Government and federal government having their own share inside of it.

While I agree that the NASS can't legislate on ECA, considering that it is the statutory job of SHoA to legislate on state governments' spending, it remains a fact that the NASS has power over FG share of funds in ECA.

No matter how you look at it, the power to appropriate funds for the FG rests with the NASS irrespective of the source of the fund.

I don't fault your opinion on this issue. But what do we have as a country. Critical national issues are subjugated to the dictates of primordial interests.
The ECA will ever remain a controversy. The Presidency won't let go of it because of legislative delays. Why the NASS cannot pass the necessary lay abrogating the ECA beats my imagination.

TonyeBarcanista:
Please, you should better understand Nigeria's fiscal year...


https://www.premiumtimesng.com/news/top-news/227318-2016-budget-expire-may-not-march-senate.html

2016 budget ran from May 2016 to May 2017. Appropriation Act doesn't work with January to December system...

What is operational now is 2017 Appropriation Act which is to expire June 11, 2018.

Thank you

This is a lie. Why were the lawmakers debating on how to extend 2017 budget to May 2018?

docadams:


I don't fault your opinion on this issue. But what do we have as a country. Critical national issues are subjugated to the dictates of primordial interests.
The ECA will ever remain a controversy. The Presidency won't let go of it because of legislative delays. Why the NASS cannot pass the necessary lay abrogating the ECA beats my imagination.

Well, how can you abrogate a law that never exist in the first place?

Suplexx:


This is a lie. Why were the lawmakers debating on how to extend 2017 budget to May 2018?

Sir, I advice you do research on this subject before arguing who is lying and who is not.

8. The 2017 budget is expected to run till June 2018. However, if the 2018 Appropriation Act comes to law before June 2018, it will overtake the 2017 budget.

http://www.thebusinesspost.ng/tms/can-nigeria-finance-2017-budget/10-facts-about-2017-budget

I think I'm done with you on this Subject.

it does not because the said purchase was not featured on the national budget

TonyeBarcanista:

Well, how can you abrogate a law that never exist in the first place?

Status qou remains then, NASS should just take Valium and forget this issue. They will loose in this one.

docadams:


Status qou remains then, NASS should just take Valium and forget this issue. They will loose in this one.

The FG share of funds in ECA remains under the control of NASS

TonyeBarcanista:

Sir, I advice you do research on this subject before arguing who is lying and who is not.


http://www.thebusinesspost.ng/tms/can-nigeria-finance-2017-budget/10-facts-about-2017-budget

I think I'm done with you on this Subject.

Nigerian financial year is January to December. If the budget is signed on January 1st, it takes effect till December. The 1999 constitution above was very clear, that in case of delay, the President can use the govt fund. 2018 budget has not been signed to enable purchase of the aircraft, so Buhari is right to act according to the provision of the constitution.


The issue of when a budget ends, is another debate totally. I remember when Fashola complained of his ability to carry fund over to the following year.

mkasum:
it does not because the said purchase was not featured on the national budget

So no military/defence budget?

Yes

Mynd44:
No, it does not.

This is regards of when a budget runs out and a new one has not been signed

Is not The duty of national Assembly to interfere into excess crude account,