National Assembly.
He also said that President Muhammadu Buhari is not competent to sign the
appropriation bill into law because he is on vacation.
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 the National Assembly has no constitutional
powers to increase the budget presented by Buhari.
He said the legislators erred constitutionally by increasing their share
of the budget.
He also said the debate over Buhari’s medical vacation should henceforth
centre on the urgent need for the Federal Government to equip hospitals across the country.
The Senior Advocate of Nigeria condemned any attempt to truncate
Nigeria’s democracy and urged Buratai to properly investigate the coup rumour
and prosecute the culprits.
He said, “The enemies of democracy are desperately trying to exploit
President Buhari’s ill health to truncate the democratic dispensation.
“Notwithstanding, the glaring shortcomings of the fragile democratic
process, the people should be allowed to take advantage of the democratic
structures to take their political destiny in their own hands. On their own
part, the political class should stop playing into the hands of potential coup
plotters.
“While the decision of the Army chief to alert the nation of the devilish
plot is appreciated, the authorites should proceed to fish out the coup
plotters and their civilian collaborators with a view to trying them for
treasonable felony.”
The human rights activist lauded the establishment of interest free
banks, adding that those who are opposed to it should rather establish their
own interest free bank. He stated that interest-free banks would compel
commercial banks to reduce their interest rates on borrowers.
He also lamented the abject poverty in the country and called for better
economic blueprint and management that would boost the economy.
He urged the Federal Government to stop releasing funds to state
governments which are unable to account for the bailout funds and London/Paris
Club loan refund made available to them to fund the payment of salaries of
workers and other developmental projects.
According to Punch report, He said the anti-graft agencies have a duty to investigate and bring to
book those who were alleged to have cornered and diverted the public funds.
He called on labour unions to ensure that the funds were fully accounted
for as it was meant to alleviate the sufferings of the working people.
An Afenifere leader, Chief Ayo Opadokun , who also spoke on the occasion,
agreed with Falana that the National Assembly
had no right to increase the budget.
He said, “The legislature does not have the legal authority to increase
the budget because they are not the ones that will scout the revenues that will
come in and they are not the ones to execute it.”
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