2013 Budget Amendment & Clause 5 ~ Oluseun Onigbinde

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The President returned the 2013 Budget of N4.987tn back to the National Assembly for amendment. The 2013 Budget has been put on the rush since it was presented in October 2012. However, five months later the final details of the budget, citizens are yet get a grip on a conclusive budget. There is still bickering over the legislative input in the budget especially the clauses listed below:

The Clause 10 of the 2013 Appropriation Act states that all revenues, however, described including all fees received, fines, grants, budgetary provisions and all internally and externally-generated revenues shall not be spent by the SEC for recurrent or capital purposes or for any other matters, nor liabilities thereon incurred except with prior appropriation and approval by the National Assembly.
I am of the opinion that the National Assembly more importantly House of Representatives is settling its scores by using its legislative oversight to ground an institution. For no better word, that to me is impunity considering the necessary oversight the Nigerian stock market needs. If there are been issues of graft and incompetence between the SEC DG and the legislature, there has to be another way of applying the law rather using potions of hemlock to cure madness. The clause on non-appropriation to SEC needs to be expunged quickly.

The Clause 6 of Act states that The Minister of Finance shall ensure that funds appropriated under this Act are released to the appropriate agencies and or organs of government as and when due, provided that no funds for any quarter of the fiscal year shall be deferred without prior waiver from the National Assembly.

This clause compels the Minister of Finance to release funds for every quarter without consideration of some assumptions. While I appreciate the hastiness of the National Assembly to see the capital expenditure of the budget fully perform, I see the clause 6 has lacking feasibility with sturdy view of the Nigerian finances. According to the Budget Implementation report released by the Budget Office of the Federation, Nigeria had revenue shortfalls in its non-oil component. N802bn was targeted for Value Added tax, only N710bn was finally reported. Same goes for the Customs, e which had a revenue target of N600bn but could only muscle N474bn. Also notice that in the deficit financing component, N1.13tn was expected. A final sum of N989.53bn was reported as official figures. Also according to official reports, Nigeria did not meet its oil production target making the statutory oil revenue to underperform.

To compel the Minister to release funds for every project when the revenue assumptions are not met will be a mere box ticking exercise. It will be forever painful that while recurrent expenditure is hastily spent and gets performing, the institutional framework and will of delivering a capital project makes it suffer from revenue shortfall. The price of oil might be high but the in land when the institutional frame is weak to tackle pipeline vandalisation and crude oil theft, government oil revenue (a product of price and volume) will be shortchanged.

While the Ministry of Finance is quick to talk about increasing share of the capital budget, it keeps mum on the awful capital performance which stands at 49% for 2012 Budget. In the budget implementation report recently released by Budget Office of the Federation, N2.425tn was budget for Recurrent Expenditure (non-debt) and N2.4tn was actually spent putting the performance at 99%. Peer at the capital expenditure which we are told its 28.5% of the 2012 budget. Out of N1.399tn of the budget, only N744bn was released. On careful inspection, it reveals that N686bn was utilised for capital projects, meaning actually spent. A capital budget performance of 49%, how far will that take Nigeria? In the end Nigeria had revenue shortfall as expected and unfortunately rather than use withdrawals of excess crude account to meet our capital projects requirement, we threw it on the recurrent side. The Nigerian citizens actually deserve more than 49%.
Rather than such compulsion for the Minister of Finance, my own thrust will be on a healthy debate between the legislature and executive on how to restructure the budget. The ton of projects in the budget is unnecessary. Even the legislature will need beyond three months for a careful review. Why can’t revenue augmentation (excess crude account) be solely tied to capital expenditure? How do we improve the implementation process to ensure that government does not keep buttering its bread (recurrent expenditure) and leave requisite infrastructure to suffer. That’s the argument that the legislature needs to champion not a compulsion in the law.

The Clause 5 of the Act states: (i) The Accountant-General of the Federation shall immediately upon the coming into force of this Act maintain a separate record for the documentation of Revenue accruing to the Consolidated Revenue Fund in excess of oil price benchmark adopted in this Budget.

(ii) The Accountant-General of the Federation shall forward to the National Assembly full details of funds released to the government Agencies immediately such funds are released.

More importantly, this clause fascinates me as it shows the zealous drive of the National Assembly to properly monitor the 2013 Budget. I really respect and want this. This is fascinating because we have dwelled on the narrative that the capital expenditure share of the budget is increasing but what happens in actual implementation. As I earlier pointed, out of the capital budget of N1.399tn in 2012 Budget, only N686.6bn was finally utilised. Take a look at the budget implementation report released by the Budget Office, the capital implementation report is so opaque and communicates nothing. We are talking of N686.6bn expense on capital projects, we should ask on what? Lagos –Ibadan Road? East- West Road? A multipurpose University Hall? What really is the detail of N686.6bn? Do we know what administrative items that stuffed as capital expenditure actually released for ministries?

I personally think this next trove of data is not what the National Assembly needs for improved debate and transparency but also the citizens and civil society. The budget is laden with over 7,000 projects most of which are just serial items appearing year-on-year. The Police College, Ikeja case has affirmed this with its previous allocation in the budget. So glancing at the whole budget for items to be implemented is sheer cumbersome exercise. We need to see what capital projects are funds released and ably tie that into the budget? Can this be the moment when external accountability actors such as the National Assembly, CSOs and citizens verify the implementation of these projects within their domain? Can we have a timeline of the release of the funds to actually delivery of the project by the government contractors? I belief allowing clause 5 to stay is a major leap in the plank of transparency and driving civic participation in governance. My case is for the clause 5 to stay. This is does not tamper with the interests of the government on what it intends to execute by priority nor does it infringe with articles of separation of power which gives the Executive the right to activate its procurement process and execute projects. The Accountant General has only answered to the people as he does for the monthly allocation released to states and local governments.

For the civil society working on the budget transparency, the vague macro figures of N686bn profit nothing except to the economists and public finance experts. It’s time we ask that information on the statutory transfers including the National Assembly be disaggregated as well as the actual capital expenditure. I believe taking away sensitive Ministries such as Defence, we should know what project every ministry is executing and what and when the funds are released. It is then that our oversight for capital projects can be enhanced.

A lot of thanks to the Ministry of Finance for releasing information on actual allocations shared to government entities. They should also make it timely both online and in print for accountability purposes. I also appreciate efforts of releasing SURE-P disbursement to government entities and fuel subsidy disbursement to private importers. This disaggregated data fosters discussion and strengthens the non-state actors to build an informed society. As the central government leads by example in detailed budget, it should take it a step further for actual appropriation. To stay on budget figures (estimates planned over a certain period) is half-education and also grey shades of transparency. Where is the breakdown of actual implementation subject to review of the common Nigerian?

Oluseun Onigbinde leads BudgIT, a public data visualisation startup.

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