Daily Trust Sunday

EXECUTIVE ORDER 10: REAL REASONS GOVERNORS DRAGGED BUHARI TO COURT

Tambuwal committee still working – NGF spokesman

- By John Chuks Azu & Muideen Olaniyi

More facts have emerged on the suit by 36 state governors before the Supreme Court, jointly challengin­g the contentiou­s Executive Order 10 signed by President Muhammadu Buhari, granting financial autonomy to state judiciarie­s and legislatur­es.

The original jurisdicti­on of the Supreme Court in such suits is provided under Section 232 (1) of the Nigerian Constituti­on, 1999 thus: “The Supreme Court shall, to the exclusion of any other court, have original jurisdicti­on in any dispute between the Federation and a state, or between states if, and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.”

While signing the Order on May 22, President Buhari said he relied on sections 5 and 121(3) of the Nigerian Constituti­on, 1999. He added that the orders, which will be implemente­d across the states, would make them independen­t and more accountabl­e in line with the report of the Presidenti­al Implementa­tion Committee set up to examine the implementa­tion of financial autonomy for state legislatur­es and judiciarie­s.

In the statement released by the office of the Attorney

General of the Federation, Abubakar Malami, a Senior Advocate of Nigeria (SAN) following the accent, the Order provides thus:

“That the Accountant-General of the Federation shall, by this Order and such other orders, regulation­s or guidelines as may be issued by the Attorney General of the Federation and Minster of Justice, authorise the deduction from source in the course of Federation Accounts Allocation from money allocated to any state of the Federation that fails to release allocation meant for the state legislatur­e and judiciary in line with the financial autonomy guaranteed by Section 121(3) of the constituti­on of the Federal Republic of Nigeria 1999 (as amended),” the statement read.

The AGF further explains that Article 6(1) of the Order provides that “notwithsta­nding the provisions of this Executive Order in the first three years of its implementa­tion, there shall be special extraordin­ary capital allocation­s for the judiciary to undertake capital developmen­t of state judiciary complexes, High Courts complexes, Sharia Court of Appeal, Customary Court of Appeal and court complexes of other courts befitting the status of courts.”

But in their originatin­g summons before the Supreme Court, the 36 state government­s averred that the Order violates the provisions of sections 6 and 81(3), and item 21(e) of the Third Schedule to the Nigerian Constituti­on, 1999, which they maintained obligated the Federal Government with the “responsibi­lity for funding all capital and recurrent expenditur­es of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal of the states of the Federation of Nigeria, being courts created under Section 6 of the Constituti­on of the Federal Republic of Nigeria.”

Section 81(3) of the Nigerian Constituti­on, 1999 states that, “Any amount standing to the credit of the judiciary in the Consolidat­ed Revenue Fund of the Federation shall be paid directly to the National Judicial Council for disburseme­nt to the heads of the courts establishe­d for the Federation and the state under section 6 of this constituti­on.”

The suit was filed on behalf of the states at the apex court by their lawyer, Austin Alegeh (SAN), leading eight other SANs and lawyers.

In the affidavit deposed to by a lawyer in the legal team, Chinweoke Onumonu, she averred that each attorney-general of a state informed her that their state government­s had expended total sums in funding capital and recurrent expenditur­e of the state High Court and Customary Court of Appeal from May 5, 1999 to January 31, 2020.

The states further contend that the Federal Government, which will be represente­d by the Attorney-General of the Federation, has the constituti­onal responsibi­lity to fund the recurrent and capital expenditur­e of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal of the states.

The states also explained that apart from salaries of judicial officers in the states, which are currently paid by the Federal Government through the National Judicial Commission (NJC), they are saddled with the responsibi­lity of capital and recurrent expenditur­e, which obligation they say “has tremendous impact on the finances of the plaintiff states (36 states) and currently accounts for a significan­t portion of the revenue accruing to the plaintiff states on a continuous basis.”

According to them, some of their capital expenditur­es include court rooms, residentia­l quarters, furniture, vehicles, generators and others, while they continue to bear recurrent expenditur­es in the courts, except for the salaries of judicial officers.

“In the face of continuing and persistent refusal of the defendant (Federal Government) to fulfill its constituti­onal duty and obligation, the plaintiffs have invoked the original jurisdicti­on of the Supreme Court to resolve the dispute and determine the respective

The 36 state government­s averred that the Order violates the provisions of sections 6 and 81(3), and item 21(e) of the Third Schedule to the Nigerian Constituti­on, 1999, which they maintained obligated the Federal Government with the “responsibi­lity for funding all capital and recurrent expenditur­es of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal of the states of the Federation of Nigeria

In the case of Executive Order 10, judicial autonomy is already in the constituti­on, but governors are observing it in the breach.

constituti­onal rights, duties, responsibi­lities and obligation­s of the parties under the constituti­on,” they averred.

Before the latest suit by the states, some lawyers had challenged the Executive Order by filing actions at the lower courts. For instance, Obioma Ezenwobodo had in June approached a Federal High Court in Abuja, seeking a declaratio­n against the implementa­tion of the Order.

He argued that the Order “cannot authorise or empower the Accountant-General of the Federation to deduct from source, money allocated to any state of the Federation that fails to release allocation meant for the state legislatur­e and state judiciary in view of sections 5, 81, 121 and 315 of the Constituti­on of the Federal Republic of Nigerian, 1999 (as amended).”

Controvers­y has continued to trail the Executive Order 10 more than some others signed by the president. The other Orders are Executive One of 2017, which is to facilitate the ease of doing business; Order Two for payment of bills by government agencies; Order Three to compel ministries, department­s and agencies (MDAs) to buy made in Nigeria goods; Order Four, Voluntary Assets and Income Declaratio­n Scheme (VAIDS), which is tax on property.

Others are Executive Order Five to restrain giving work or contract outside the country; Order 6 2018 (EO6) is on preservati­on of assets connected with serious corruption; and Executive Order 08, Voluntary Offshore Assets Regularisa­tion Scheme (VOARS) for non-prosecutio­n after return of assets abroad.

A former second vice president of the Nigerian Bar Associatio­n (NBA), Onyekachi Ubani, said there was nothing wrong in the executive arm making Executive Orders to execute laws and policies of the government of the day.

“In the case of Executive Order 10, judicial autonomy is already in the constituti­on, but governors are observing it in the breach. So, in order to ensure uniformity, the president set up a committee that actually made the recommenda­tion and came up with the Executive Order in order to give life and bite to the constituti­onal provision that is already in place,” he said

Also reacting, the Judicial

Staff Union of Nigeria (JUSUN), through its president, Marwan Mustapha Adamu, told Daily Trust on Sunday that there is no going back on the union’s demand for full autonomy for the judiciary.

Adamu’s stand differs from that of the Nigerian Governor’s Forum (NGF). The chairman of the NGF, Governor Kayode Fayemi of Ekiti State had in June announced that they had agreed with the Federal Government to postpone the implementa­tion of the Executive Order until constituti­onal issues surroundin­g it are ironed out.

But Adamu said that neither judicial workers nor the judiciary were part of the negotiatio­n between the governors and the

Federal Government, including the latest suit.

“They filed a matter in court. I don’t know the full content because we are not a party to it. Only the Attorney-General of the Federation was joined. For us as the JUSUN, we remain in our position of ensuring that the autonomy of the judiciary is realised,’’ he said.

Similarly, the AGF, through his spokesman, Umar Gwandu (PhD), insisted that the Executive Order was meant to be implemente­d across the Federation.

“If the matter is in court we will await the outcome of the proceeding,’’ he added.

When contacted, Abdulrazaq­ue Bello-Barkindo, the head of Media and Public Affairs Department of the NGF said, “The Tambuwa Committee is still working. I don’t think I would like to comment on that. The committee continues to brief governors at every meeting. So until they conclude their briefings, I don’t think it is proper to pre-empt them.’’

When asked about the court case in which the Federal Government was said to have pushed its responsibi­lity to cater for state High Courts, Sharia Courts of Appeal, and Customary Courts of Appeal, the NGF spokesman said he would not comment on matters that had not been discussed.

On August 19, 2020, the NGF received an update from its vice chairman, Governor Aminu Waziri Tambuwal of Sokoto State, who is leading the committee interfacin­g with the Office of the AttorneyGe­neral of the Federation on the implementa­tion of Executive Order 10.

A communique issued at the end of the meeting stated that the committee was currently working on a template acceptable to all parties for the implementa­tion of financial autonomy for state legislatur­es and judiciarie­s.

 ??  ??
 ??  ?? Governor Kayode Fayemi, Chairman, Nigeria Governors’ Forum
Governor Kayode Fayemi, Chairman, Nigeria Governors’ Forum
 ??  ?? President Muhammadu Buhari
President Muhammadu Buhari
 ??  ?? Vice Chairman of the Nigeria Governors’ Forum (NGF) Governor Aminu Tambuwal of Sokoto State
Vice Chairman of the Nigeria Governors’ Forum (NGF) Governor Aminu Tambuwal of Sokoto State
 ??  ?? Cross section of some governors
Cross section of some governors

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