A second look at Tucano jet deal
In the past few weeks, the Nigerian political space has been heated up by an unending uproar amongst motley of commentators over the transparency of the process that led to the payment of $496, 374,470.00 for 12 Tucano jets by the federal government to the US without the National Assembly’s approval. Although the constitution empowers […]
In the past few weeks, the Nigerian political space has been heated up by an unending uproar amongst motley of commentators over the transparency of the process that led to the payment of $496, 374,470.00 for 12 Tucano jets by the federal government to the US without the National Assembly’s approval.
Although the constitution empowers the President to authorize withdrawal of money as prescribed in Section 82 of the constitution, it must have the blessings of the National Assembly in fulfillment of the doctrine of separation of powers. What that simply means is that there can be no expenditure without seeking approval from the legislative arm of government.
The relevant subsections of Section 80 are subsections (2), (3) and (4): No moneys shall be withdrawn from the Consolidated Revenue Fund of the Federation except to meet expenditure that is charged upon the fund by this Constitution or where the issue of these moneys has been authorised by an Appropriation Act, Supplementary Appropriation Act or an Act passed pursuance of Section 81 of this Constitution.
Section 81, for the avoidance of any doubt, deals generally with the form and making of federal government’s annual budgetary allocations.
(3) No moneys shall be withdrawn from any public fund of Federation, other than the Consolidated Revenue Fund of the Federation, unless the issue of those moneys has been authorized by an Act of the National Assembly.
While both chambers of the National Assembly are yet to come out with a firm report from the motions, it becomes imperative to understand the position of the law in United States of America as regards doing business with other countries and why they looked beyond an approval from the Nigerian parliament before accepting the briefcase of dollars for the Tucano Jets.
Violations of the Foreign Corrupt Practices Act (FCPA) which is termed the jewel in the crown of America fight against international bribes and corporate favors promotes American business and foreign policy ideals around the world, and give US companies a tool to battle corruption abroad.
The big questions staring on us now are: Did the United States of America violate its own law just to accept the millions of dollars for the Tucano Jet? Was there a third party in the transaction and did the third party influence the Nigerian Government to release the money quickly, and what is the position of the United States Congress as regards the transaction taking into consideration that the Senate President of Nigeria was quoted as saying he was contacted when talks was initially going on?
The idea of Foreign Corrupt Practices Act (FCPA) makes it illegal for companies and their supervisors to influence foreign officials with any personal payments or rewards. The Act also applies to any act by
U.S. businesses, foreign corporations trading securities in the U.S , American nationals, citizens and residents acting in furtherance of a foreign corrupt practice whether or not they are physically present in the US.
To this end, the Tucano jet contract falls within the eagle eye of the FCPA and seeing the dust raised by it and the obvious violation of constitutional provision. The questions as laid above earnestly crave an answer. However, what appears to be the blood on snow is the rumor of Americans role in aiding the federal government to accept Nigeria’s fund at a time when Nigeria’s economy is in dire need of money supplies.
Respectfully, the President of U.S. Donald Trump has gone beyond bounds of not just the U.S. law but has shown his smirk means no good to Nigeria. It is only human of us to pray that this matrimonial relationship existing between both leaders doesn‘t turn sour.
Sani Mohammed wrote from Abuja