Bailout: Buhari didn’t breach constitution – NBA

TOYIN ANISULOWO, Ado Ekiti

The Chairman, Ikere branch of the Nigerian Bar Association, Barrister Bunmi Olugbade, has declared that President Muhammadu Buhari did not breach the constitution by giving financial aids to some states to bail them out of inability to pay salaries.

Olugbade, a former member of the Ekiti State House of Assembly, said the constitution empowers President Buhari to act in time of emergency to the needs of Nigerians.

The NBA boss described as mere misrepresentation of facts, the feelings in some quarters that his (Buhari) not deferring to the National Assembly to appropriate such money before taking actions was a breach of the constitution.

Olugbade said this in a telephone interview with newsmen in Ado Ekiti yesterday while commenting on the reservations expressed by some Nigerians about the propriety of Buhari’s action.

The ex-lawmaker, however, pointed out that Section 6 sub-section 6 (b) of the constitution empowers any Nigerian to challenge any government’s policy in court on issues of rights and obligations.

The lawyer said whoever is contesting Buhari’s action is also doing same within the ambit of the law and warned that such persons should not be condemned and should be allowed the freedom to do so.

Defending Buhari’s action, Olugbade stated that Section 5(1) of the 1999 Constitution stipulated that: “The executive powers of the federation shall be vested in the president. And Buhari enjoys this privilege because Nigeria is a federating state and operates presidential system.

“Under Section 13 of the 1999 Constitution, government of the federation has statutory objectives to carry out state policies. Sections 16 and 17 even stated that the state shall protect the rights of the citizens.

“Section 16 (2) went further to say that the state shall direct its policy towards ensuring that the material resources are harnessed, managed and distributed for the common good of the citizens.

“So, the social responsibility of government also stated that government shall direct its policy to ensure provision for public assistance in deserving cases or other conditions of needs.

“The combined effects of all these provisions lent credence to the fact that President Buhari has not breached the constitution. What he did was in the best interest of Nigeria and within the law”, he maintained.

In addition, Olugbade added that Section 164 of the constitution also empowered the president to make grants to states to supplement their revenues subject to some terms and conditions, as described by the National Assembly.

“President Buhari can give financial bailouts to states, even without consulting the National Assembly. He has the right to act based on exigency of needs. He has the duty to ensure that Nigerians don’t suffer.

“Aside that, government can begin to run expenditure six months before the passage of the budget into law depending on the exigency of moment. All the president can do is to later present a supplementary budget to the National Assembly to take care of such expenditure”, he said.

He urged Nigerians to see the bailouts as a right step in the right direction, rather than reading political meanings into such a timely economic policy.