FG Slams Budget Illegality Claims, Says Re-Enactment of 2024–2025 Appropriation Acts Is Fully Constitutional

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The Federal Government has strongly defended the repeal and re-enactment of the 2024 and 2025 Appropriation Acts, insisting that the process was lawful, constitutional, and carried out in line with Nigeria’s established fiscal and legislative framework.

In a comprehensive press statement issued on Wednesday, the Budget Office of the Federation (BOF) dismissed allegations of constitutional breaches, illegal spending, and deliberate secrecy around budget documents, describing the claims as misconceptions that distort the country’s budgetary process.

The statement, signed by the Director-General of the Budget Office, Dr. Tanimu Yakubu, acknowledged growing public interest in fiscal governance but stressed that budget debates must be guided by constitutional provisions, applicable fiscal laws, and legislative practice.

According to BOF, Sections 80 to 84 of the 1999 Constitution clearly outline the sequence for public expenditure, from the preparation of estimates by the President to approval by the National Assembly and strict implementation by the Executive. The office noted that nothing in the Constitution prevents the National Assembly from repealing and re-enacting an Appropriation Act when fiscal realities, implementation challenges, or the need to reconcile overlapping fiscal instruments make such action necessary in the public interest.

It added that once a repeal and re-enactment bill is passed by the National Assembly and assented to by the President, it becomes valid law, making claims that the process is unconstitutional legally unsustainable.

The Budget Office also rejected arguments that appropriation laws automatically expire at the end of a fiscal year, explaining that while budgets are usually framed annually, the Constitution does not impose an inflexible expiry rule. Legislative extensions, it said, are lawful mechanisms designed to ensure the orderly completion of projects, settlement of certified obligations, and proper alignment of fiscal commitments.

On allegations of spending without appropriation, BOF said critics had wrongly conflated different elements of public finance, including contractual obligations, statutory transfers, debt servicing, and multi-year project commitments. It maintained that all government expenditure must be supported by lawful appropriation or constitutional and statutory charges, stressing that the repeal and re-enactment process actually strengthens legislative oversight by consolidating fiscal authority through an Act of Parliament.

The Budget Office reaffirmed its commitment to transparency under the Fiscal Responsibility Act, noting that while fiscal information must be made publicly available, documents must first pass through proper legislative authentication to avoid the circulation of conflicting drafts. It assured Nigerians that all authenticated budget documents would be released through official channels once the enrolment process is completed.

The statement further emphasised that Nigeria operates a representative democracy, where public interest in budgeting is expressed through elected lawmakers via committee reviews and plenary debates. Nonetheless, BOF pledged to continue promoting budget literacy initiatives and structured stakeholder engagement to improve public understanding of fiscal policy decisions.

Reiterating its assurances, the Budget Office said it would maintain strict constitutional controls on public spending, work with relevant institutions to ensure timely publication of budget documents and expand citizen-friendly budget communication platforms.

The BOF concluded that Nigeria’s public finance system is anchored on the rule of law and the constitutional balance between the Executive and the Legislature, insisting that the repeal and re-enactment of the 2024 and 2025 Appropriation Acts—having passed through the National Assembly and received presidential assent—remain lawful and legitimate instruments for fiscal oversight, alignment, and accountability.