Respected human rights activist, Femi Falana
(SAN), has advised acting President Yemi
Osinbajo not to sign the 2017 budget because it
was illegally increased by the National
Assembly.
He also said that President Muhammadu Buhari
is not competent to sign the appropriation bill
into law because he is on vacation and by law
can't take such action.
Falana spoke in Ilorin, during a colloquium
organised by the Movement for Genuine Change
to mark the 50th anniversary of the creation of
Kwara State.
He explained that once Buhari had transmitted a
letter to the National Assembly that he was
proceeding on vacation, all presidential powers
had automatically been transferred to Osinbajo
who is now the Acting President.
He stated that until the President writes another
letter to the federal parliament at the end of his
vacation, he cannot exercise the powers of his
office.
Falana said, “The President is not competent to
sign any bill into law while he is on vacation.
The constitution did not envisage that a
President who is on a vacation and an acting
president, who is standing proxy for him will be
exercising presidential powers simultaneously.
“To that extent, pending the resumption of
duties by President Buhari, the Acting President,
Prof. Osinbajo, is competent to sign all bills
validly passed by the NASS.
“If President Buhari did not exercise powers
during his vacation even though he was in the
country, why would he want to do so while he is
on medical vacation abroad?
“Instead of dissipating energy over the
competence of an appropriation bill signed into
law by the Acting President, Nigerians should
subject the 2017 budget to scrutiny.
“We are therefore calling on the Acting President
of the Federal Republic of Nigeria, Prof. Yemi
Osinbajo, who is a professor of law not to
endorse and sign the illegal appropriation bill of
2017 into law.”
Falana also explained that National Assembly
has no constitutional powers to increase the
budget presented by Mr. President.
He said the legislators erred constitutionally by
increasing their share of the budget.