It’s heart-warming to note efforts by the present administration led by President Muhammadu Buhari to invigorate the economy for the overall interest of Nigerians. One of such proposals is the ‘Emergency Economic Stabilisation Bill 2016’ seeking emergency powers from the National Assembly to push his planned stimulus for the economy.
In the proposal, President Muhammadu Buhari is seeking sweeping powers to set aside some extant laws and use executive orders to roll out an economic recovery package within the next one year. The President seek amongst others to abridge the procurement process to support stimulus spending on critical sectors of the economy; make orders to favour local contractors/suppliers in contract awards; abridge the process of sale or lease of government assets to generate revenue; and allow virement of budgetary allocation to projects that are urgent, without going back to the National Assembly; amend certain laws, such as the Universal Basic Education Commission (UBEC) Act, so that states that cannot access their cash trapped in the accounts of the commission because they cannot meet the counterpart funding, can do so; and allow the government to mobilise contractors with 50 per cent of contract sum.
The President’s intention might be good but it might be abused if not checked. However lofty these aforementioned proposed bill may be, I have my reservations. My doubts sprout from the Military background of President Buhari; his penchant and unrepentant infraction with impunity against chapter 14 Subsection 3 of the 1999 Constitution as amended of the Federal Republic of Nigeria, in regard to parochial appointments he has made so far which are skewed towards his Northern origin with nepotism and sectionalism proclivity. Such sweeping powers are susceptible to abuse if unchecked through the democratic principles of checks and balances as enshrined in our constitution. My candid opinion and suggestions to the National Assembly members whenever they debate the passage of the Presidential “Emergency Economic Stabilisation Bill 2016” is caution with thorough scrutiny
A comprehensive list of buyers, lessee with value of government assets to be sold or leased to generate revenue must be attached with the proposed bill. The reason being that it should not be used as patronage to political and business associates, the way the Privatizations scheme went. A time a frame of six (6) months should be set for periodic review of progress and assessment of the effectiveness of the bill, rather than a blank passage of the bill. It must be time bound .Such sweeping powers must be timed in order not to permanently erode the powers and relevance of the National Assembly This review mechanism will check and guard against abuse of the proposed bill, and that such power should be withdrawn once misused by President Muhammadu Buhari.
On the fifty per cent (50%) contracts mobilization, nothing is wrong with the procurement process and the time stipulated in the procurement law. The only problem are corruption; bureaucratic bottleneck, and inefficient in our bureaucracy. What is necessary for prompt execution of contracts is strict adherence to payment schedules by government agencies
On Budgetary virement, constitutionally, virement lies within the sole purview of the National Assembly. There might be suspicion if the President is trying to take virement power from National Assembly. Dictatorial tendency should be nibbed on the bud, because the President has the propensity not to respect the rule of law.
There is no emergency situation to warrant such powers. Any emergency powers being sought by the president are antithetical to the present democracy and the principles of constitutionalism. Whatever is the problem, the National Assembly can handle it. The National Assembly can be prevailed upon under section 4 of the Constitution to make acts that will take the Nigeria out of it quandary.
Written by Clifford Ogbeide
Kent, England
