He also said that President Muhammadu Buhari is not competent to sign the appropriation bill into law because he is on vacation and by law can't take such action.
Falana spoke in Ilorin, during a colloquium organised by the Movement for Genuine Change to mark the 50th anniversary of the creation of Kwara State.
He explained that once Buhari had transmitted a letter to the National Assembly that he was proceeding on vacation, all presidential powers had automatically been transferred to Osinbajo who is now the Acting President.
He stated that until the President writes another letter to the federal parliament at the end of his vacation, he cannot exercise the powers of his office.
Falana said, “The President is not competent to sign any bill into law while he is on vacation. The constitution did not envisage that a President who is on a vacation and an acting president, who is standing proxy for him will be exercising presidential powers simultaneously.
“To that extent, pending the resumption of duties by President Buhari, the Acting President, Prof. Osinbajo, is competent to sign all bills validly passed by the NASS.
“If President Buhari did not exercise powers during his vacation even though he was in the country, why would he want to do so while he is on medical vacation abroad?
“Instead of dissipating energy over the competence of an appropriation bill signed into law by the Acting President, Nigerians should subject the 2017 budget to scrutiny.
“We are therefore calling on the Acting President of the Federal Republic of Nigeria, Prof. Yemi Osinbajo, who is a professor of law not to endorse and sign the illegal appropriation bill of 2017 into law.”
Falana also explained that National Assembly has no constitutional powers to increase the budget presented by Mr. President.
He said the legislators erred constitutionally by increasing their share of the budget.
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