Non-Mandate Projects Are N' Assembly Constituency Projects, Says Almajiri Commission

The National Commission for Almajiri and Out-of-School Children's Education (NCAOOSCE) recently clarified that projects in its 2026 budget falling outside its statutory mandate are, in fact, National Assembly constituency projects assigned for implementation. This statement, made amidst public scrutiny, highlights a recurring legal and administrative tension in Nigeria: the extent to which an Appropriation Act can compel a statutory agency to undertake projects beyond its enabling statute. The issue raises critical questions concerning the *ultra vires* doctrine, the principle of legality, and the delicate balance between legislative appropriation powers and the defined mandates of executive bodies, with significant implications for public accountability and the rule of law in Nigeria.

The National Commission for Almajiri and Out-of-School Children's Education (NCAOOSCE) recently found itself at the centre of public discourse following revelations that its 2026 Appropriation Act included projects seemingly unrelated to its core mandate. In response to mounting scrutiny, the Commission issued a clarification, asserting that these non-mandate projects were, in fact, National Assembly constituency projects incorporated into its budget for implementation. This development brings to the fore a perennial challenge within Nigeria's public administration: the legal implications of statutory agencies executing projects that, while duly appropriated by the legislature, appear to fall outside the scope of their enabling Acts. The clarification by NCAOOSCE underscores a complex interplay between legislative oversight, budgetary powers, and the foundational principle of legality governing the operations of government bodies. This article delves into the legal framework surrounding statutory mandates and appropriation in Nigeria, analysing the potential conflicts arising from such assignments and their implications for legal practitioners and public accountability.

The National Commission for Almajiri and Out-of-School Children's Education (NCAOOSCE) was established by the National Commission for Almajiri and Out-of-School Children Education Act, 2023. Its statutory mandate is clearly defined: to provide a multi-modal system of education, develop skill acquisition and entrepreneurship programmes, prevent youth poverty, delinquency and destitution, and generally address the educational needs of Almajiri and out-of-school children in Nigeria. This mandate focuses specifically on reforming the Almajiri education system and expanding access to quality education for vulnerable children.

Conversely, 'constituency projects,' also known as Zonal Intervention Projects, are a long-standing feature of Nigeria's federal budgeting process. These projects are typically nominated by members of the National Assembly to address perceived developmental needs within their respective constituencies. While intended to bring 'dividends of democracy' to local communities, the concept of constituency projects has been a subject of considerable debate and controversy, primarily due to concerns about their constitutional and legal backing, transparency, accountability, and the blurring of lines between legislative and executive functions. Despite these concerns, they are routinely incorporated into the annual Appropriation Act.

The Appropriation Act itself is a crucial legal instrument. Under Sections 80-84 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the National Assembly is vested with the power to authorise expenditure from the Consolidated Revenue Fund through an Appropriation Act. Once passed into law, the Appropriation Act provides the legal authority for the executive arm of government to spend public funds. The NCAOOSCE's clarification hinges on the assertion that once these constituency projects are included in the Appropriation Act and assigned to an agency, that agency becomes legally obligated to implement them in strict compliance with extant laws, financial regulations, and due procurement processes.

The NCAOOSCE's position, that projects included in the Appropriation Act become its lawful implementation responsibilities regardless of their alignment with its core mandate, raises fundamental questions about the *ultra vires* doctrine in Nigerian public law. The doctrine of *ultra vires*, meaning 'beyond the powers' or 'outside jurisdiction,' dictates that a statutory body can only exercise powers expressly conferred upon it by its enabling statute or those necessarily incidental to its express powers. An act performed by an administrative agency in excess of its statutory powers is generally considered void.

While the Companies and Allied Matters Act (CAMA) 2020 has significantly reformed the application of the *ultra vires* doctrine for corporate entities, limiting its effect on third parties and primarily serving as an internal mechanism for shareholders, its application to public administrative bodies remains robust. For government agencies, the principle of legality demands that every action must have a clear legal basis. The question then becomes whether inclusion in the Appropriation Act, a legislative instrument, can effectively expand or alter the statutory mandate of an executive agency established by a separate Act of Parliament.

On one hand, the Appropriation Act is indeed a law, passed by the National Assembly, which has the constitutional power to appropriate funds. The argument is that once the National Assembly, in its wisdom, allocates funds for specific projects and assigns them to an agency within the Appropriation Act, that agency is bound to execute them. This perspective emphasizes the legislative supremacy in fiscal matters and the legal obligation to implement a duly enacted budget. The Public Procurement Act 2007 further mandates that all public procurements, including those for constituency projects, must adhere to strict procedures, ensuring transparency and accountability in execution.

However, a counter-argument posits that the Appropriation Act primarily authorizes *expenditure* for government purposes, not necessarily *to redefine or expand* the fundamental statutory functions of an agency. An agency's mandate is typically derived from its enabling Act, which sets out its objects, powers, and limitations. If an agency undertakes projects entirely outside its statutory objects, even with budgetary allocation, it risks acting *ultra vires* its foundational legal instrument. This could expose the agency and its officials to legal challenges, as the Appropriation Act, while authorizing funds, may not inherently confer the *power* to undertake activities fundamentally alien to the agency's established purpose. The tension lies in reconciling the National Assembly's power of the purse with the principle that executive agencies must operate within their statutorily defined remits, preventing them from becoming mere conduits for projects unrelated to their core expertise or mission.

The clarification by the National Commission for Almajiri and Out-of-School Children's Education regarding its 2026 budget highlights a critical area of legal ambiguity and potential conflict within Nigeria's public sector. While the Appropriation Act undeniably provides the legal authority for government expenditure and compels agencies to implement projects assigned to them, the underlying principle of legality dictates that statutory bodies must operate within the confines of their enabling Acts. The delicate balance between legislative appropriation and the specific mandates of executive agencies remains a complex legal terrain.

For legal practitioners advising government agencies, it is crucial to navigate this landscape with caution. Agencies, while obligated to implement projects in the Appropriation Act, should also be mindful of the *ultra vires* doctrine and the potential for legal challenges if projects are demonstrably outside their statutory functions. This situation underscores the urgent need for a clearer, more robust legal framework for constituency projects in Nigeria, one that explicitly defines their scope, assignment mechanisms, and the extent to which they can be integrated into the mandates of diverse government agencies without undermining their core objectives or the principle of legality. Such clarity would enhance accountability, reduce administrative friction, and ensure that public funds are consistently deployed in alignment with both legislative intent and the foundational purposes of statutory bodies.