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- Lawyer Sues Yar’Adua over 2009 Budget
Lawyer Sues Yar’Adua over 2009 Budget
- By Onyewuchi Ojinnaka
- Published October 26th, 2009
- Economic Crime
- Unrated
MALACHY Ugwunmadu, a Lagos based legal practitioner and human rights activist has dragged President Umaru Yar’Adua before the Federal High Court, Lagos, over the alleged federal government refusal to fully implement the 2009 annual budget.
In the suit filed before the court, Ugwunmadu is seeking an order of mandamus compelling the Federal Government to implement forthwith the entire content and provisions of the Appropriation Act 2009 in relation to the schedule of implementation as outlined for the attainment of fiscal targets of the budget.
Joined in the suit as co-respondents are the minister of finance and the Attorney General of the Federation and Minister of Justice (AGF). The applicant is also seeking a declaration that the refusal, neglect and failure of the government to fully implement successive annual budget particularly the Appropriation Act 2009 in the first, second and third quarters of 2009 is illegal, unconstitutional and violates section 5(1)(b) of the 1999 Constitution.
The human rights activist further prayed for a declaration that if the president refuses or fails to immediately implement the budget to the letter and towards the general well being and prosperity of Nigerians, the National Assembly has a sacred constitutional duty to invoke section 143 of the 1999 constitution to sanction him. He is further asking the court for an order of mandamus compelling the Minister of Finance, through the Budget Office of the Federation to evaluate the implementation of the 2009 annual budget, assess the attainment of the fiscal targets, prepare and forward a formal report to the Fiscal Responsibility Council and to the National Assembly which must also be published in the media.
In the suit filed before the court, Ugwunmadu is seeking an order of mandamus compelling the Federal Government to implement forthwith the entire content and provisions of the Appropriation Act 2009 in relation to the schedule of implementation as outlined for the attainment of fiscal targets of the budget.
Joined in the suit as co-respondents are the minister of finance and the Attorney General of the Federation and Minister of Justice (AGF). The applicant is also seeking a declaration that the refusal, neglect and failure of the government to fully implement successive annual budget particularly the Appropriation Act 2009 in the first, second and third quarters of 2009 is illegal, unconstitutional and violates section 5(1)(b) of the 1999 Constitution.
The human rights activist further prayed for a declaration that if the president refuses or fails to immediately implement the budget to the letter and towards the general well being and prosperity of Nigerians, the National Assembly has a sacred constitutional duty to invoke section 143 of the 1999 constitution to sanction him. He is further asking the court for an order of mandamus compelling the Minister of Finance, through the Budget Office of the Federation to evaluate the implementation of the 2009 annual budget, assess the attainment of the fiscal targets, prepare and forward a formal report to the Fiscal Responsibility Council and to the National Assembly which must also be published in the media.
