Human rights lawyer gets court's approval to sue Yar' Adua over budget implementation.

Mohammed Liman, a judge of the Federal High Court sitting in Lagos, yesterday, granted a Lagos-based human rights lawyer, Malachy Ugwummadu leave to continue with his suit against the President of the Federal Republic of Nigeria along with two others, over their alleged refusal to fully implement the 2009 Budget.

This decision was reached by the judge as a result of a judicial review application by Mr. Ugwummadu, who is the immediate past secretary of the Committee for the Defence of Human Rights (CDHR), against Umaru Yar' Adua, president of the Federal Republic of Nigeria, Mukhtar Mansur, minister of finance and Michael Aondoakaa, the attorney general of the federation.

Mr. Ugwummadu asked for an order of mandamus, an order compelling the president either by himself, through his ministers or agents 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.

He also asked for a declaration that "the refusal, neglect or failure of the respondents to fully implement successive annual budgets, particularly the Appropriation Act 2009 in the 1st, 2nd and 3rd quarters of 2009 is illegal and unconstitutional in that it violates section 5(1)(b) of the 1999 Constitution."

The human rights activist further prayed the court for a "declaration that in the event that Mr. Yar'Adua refuses or declines to immediately implement the budget to the letter and towards the general well being and prosperity of Nigerians, the National Assembly being the assembly of representatives of Nigerians has a sacred constitutional duty to consider the invocation of their constitutional powers under section 143 of the 1999 constitution of the Federal Republic of Nigeria 1999 to sanction him for breach of the law."

He also urged the court for the same order to compel 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 and on the Ministry of Finance web site.

Mr. Ugwummadu averred in his affidavit in support of the suit that on the May 13, 2009, the House of Representatives mandated two committees of the House to investigate the implementation of the budget and report back to it.

He stated that after the adoption of the committee's report which recommended that the lawmakers should reject the excuse of the Executive, a resolution was passed calling on the government to fully implement the budget. The executives had allegedly suggested that the budget could not be implemented because of the short fall in revenue.

He also averred that; "members of the House further threatened to set in motion a process for the impeachment of the president in the event that he continued to ignore the resolution of the House."

According Mr. Ugwummadu, the faithful implementation of the budget will redress the present trends, stimulate the economy and create the right infrastructural environment for purposes of job creation, employment opportunities and reduce the social strife and insecurities in the country.

"That the refusal to grant this application will operate against the professed pillars of the present administration, which is the respect and observance of the rule of law and due process, transparency and accountability."

Mr. Liman directed the plaintiff to serve the respondents with all the processes in the matter and he fixed November 5, 2009 for hearing of the suit.