An Examination of the Extent of Legislative Power in Annual Fiscal Budget Making in Nigeria

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ABSTRACT

An Examination of the Extent of Legislative Power in Annual Fiscal Budget Making in Nigeria

Marcus Ayoodeji Araromi*

This paper examines the perennial tussle between the executive and legislative arm of government in Nigeria in relation to budget making, which sometimes leads to delay in passage of annual fiscal budget. The extent of powers to be exercised by the Legislature in amending budget estimates submitted by the Executive is the crux of the dispute which often leads to diverse and conflicting opinions on whether the law permits the Legislature to tamper with the figures of the budget or whether it should be a mere rubber stamp to approve the estimated budget submitted to it by the Executive. The paper reviews the changing role of the Legislature in modern times, particularly in the presidential system of government and the involvement of the public ably represented by civil society organisations in determining financial policies that will drive annual budgets. The paper submits that due to absence of clear provisions of the law to determine the extent of powers of the Legislature to amend budgets, it may be necessary to amend the Constitution to clearly define the scope of the power of the Executive and the Legislature in budget making.

Keywords: Legislative Power, Fiscal Budget, Financial Policies, Budget Amendment.

INTRODUCTION
The political nature, and of course, the structure of a society, has a lot to do in determining the type of governance that best suits that society. The historical perspective to the creation of a State also gives guidance as to the political hegemony of the society in question at any given point in time. Governance is a phenomenon that involves political control or powers exercisable by a free or sovereign state or a state under colonial rule by a set of people duly recognised as possessing the authority to rule over the concerned territory. In other words, political power may be associated with claims of authority and autonomy – which traditionally implies the idea of sovereignty, and a formal political arrangement defining the general framework based on such political understanding. The content of political power and structure is provided for by a formal organisation which bestows upon a formally recognised institution the authority being exercised by it.₁ Furthermore, political power is derived from law, and it is through its framing that power is condensed and generalised and claim of authority is justified.₂ It is the responsibility of modern government to appropriate, allocate and utilise state resources for the betterment of everyone within it.₃ The essence of government is to manage and harness the resources of the state to promote good living condition of the citizens and advance the economic base of the society.₄

* Senior Lecturer, Department of Public Law, Faculty of Law, University of Ibadan, Nigeria.

1. Poul F Kjaer, ‘From the Private to the Public to the Private? Historicizing the Evolution of Public and Private Authority’ (2018) 25(1) Indiana Journal of Global Legal Studies 19.
2. ibid.
3. See the Nigerian Constitution 1999, s 16 dealing with the economic objectives of the Government.
4. ibid

THE GRAVITAS REVIEW OF BUSINESS & PROPERTY LAW VOL.10 NO.4