The alleged withdrawal of unapproved $496 million by President Muhammadu Buhari from the Excess Crude Account (ECA) for the purchase of 12 Super Tucano fighter jets from the government of the United States of America is inexplicable. The fighter jets, according to reports, will be delivered to Nigeria in 2020.
At its plenary, last week, the Senate President, Dr. Bukola Saraki, read a letter to the legislators from President Buhari seeking the approval of the legislature for the withdrawal of the money in question from the ECA and gave reason for his belated action. The President admitted that the money had, in fact, been withdrawn and paid to the U.S. government ahead of legislative approval. He cited “security emergencies in the country” as the reason for his anticipatory approval of the money.
Buhari, therefore, urged the Senate to include the $496m in the 2018 Appropriation Bill. The President also stated that the balance of the requirement for critical operational equipment “is still being collated from the different security services and will be presented in the form of a supplementary appropriation bill in due course.”
The President’s unapproved withdrawal of the $496 million from the ECA has continued to attract reactions from both chambers of the National Assembly and other Nigerians, prompting some lawmakers to push for the impeachment of the President, by invoking Section 143 of the Constitution. But the National Economic Council (NEC) had thrown its weight behind the President’s action, saying that he acted based on security expediency.
Nevertheless, the President acted in clear violation of Section 80 (1) (2) (3) and (4) of the 1999 Constitution (as amended) which state unambiguously that no moneys shall be withdrawn from the Consolidated Revenue Fund or any public fund of the Federation without the express approval of the
National Assembly or except in the manner so prescribed by the legislature.
No matter the “security emergencies” cited by the President, it is wrong and illegal for him to have sidetracked the legislature in the withdrawal of the money. Our political office holders should learn how to function in consonance with the provisions of the Constitution. They should always bear in mind that we are still a nation governed by the rule of law. This is not how it should be in a democracy.
However, the President deserves a rebuke and not an impeachment as being suggested by some lawmakers. In spite of the calls for impeachment proceedings against the President, we support the decision of both the Senate and the House of Representatives to seek further guidance on how to handle the alleged Constitutional breach by Mr. President in authorising the payment of the controversial $496m to the U.S. government without recourse to the National Assembly.
It is good that the Senate has directed its Committee on Judiciary, Human Rights and Legal Matters to investigate the alleged breach of the Constitution by President Buhari. The Committee is expected to determine, among other things, the extent to which the Constitution was violated, the circumstances of the infractions and advise the Senate on steps to take. The Committee’s report is expected this week. Earlier, the Senate Committee on Appropriation had grilled the Defence Minister, Brig-Gen. Mansur Dan Ali (retd) over the $496m withdrawal. Similarly, the House of Representatives had mandated its Committee on Rules and Business to look into the matter and advise it accordingly.
While we condemn the withdrawal of the money without the approval of the National Assembly, we urge the three arms of government to work together for the good of the country. The President should carry the National Assembly along, especially in critical matters that border on general security of the country. As equal stakeholders in the country, they should be answerable to the people and the Constitution.