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.