There were hopes that the 2016 budget would provide the roadmap that would navigate Nigeria out of its present economic crisis. Presented for first reading on 22nd December 2015 at a joint session of the National Assembly, President Buhari promised that the proposed N6.077 trillion budget would be a “budget of change.” The President also promised huge investments in infrastructure and security, to support the reforms in Agriculture, Solid Minerals and core job creating sectors in the economy and to inject N500 billion as a Social Intervention Fund that would provide Nigeria’s teeming youth with employment.
However, since the National Assembly’s passage of a N6.06 trillion 2016 Appropriation Bill on March 24, 2016, Presidential Assent has been withheld on two separate occasions with the President claiming that the National Assembly failed to send the budget details in the first instance only to further delay assent after details were sent by accusing the National Assembly for removing some of its key projects like the Lagos-Calabar railway line. Responding to the first claim, for instance, the National Assembly has claimed that it is a customary practice to send details of the budget few weeks after the budget has been transmitted. It also denied the existence of a provision for a Lagos-Calabar railway line in the budget submitted by the Executive.
Although late budget passage often characterizes Nigeria’s budget process, it was initially hoped that the 2016 Appropriation Bill would provide an exception to it.
This complexity could be worsened by the constitutional provision in section 59(4) that gives the President a maximum of 30 days to assent to a budget and further provides for the fresh presentation of an Appropriation Bill at a joint sitting of the National Assembly if this happens.
Section 59(4) has been replicated below:
59(4) Where the President, within thirty days after the presentation of the bill to him, fails to signify his assent or where he withholds assent, then the bill shall again be presented to the National Assembly sitting at a joint meeting, and if passed by two-thirds majority of members of both houses at such joint meeting, the bill shall become law and the assent of the President shall not be required.
It seems from the provision that the 30-day time frame starts to count from the date the budget was transmitted to the President for assent, which in this case, is the 7th day of April 2016. The import is that the President needs to sign the budget by 7th May, 2016 to be within the 30 days time frame.
Although it has been reported that the National Assembly and the President have resolved to harmonize the “grey areas” in the 2016 budget by setting up two separate Committees to serve their respective interests, the collaboration between the Executive and the Legislative arm is needed.