A Case For Judicial And Legislative Financial Autonomy by Funmilayo Odude & Dr. John Idumange

Admin
0

 




State Governor's should adhere to Executive Order 10 and Do the needful By

 

In support of the strike of the Assemblies

 

1. On the 22nd of May, 2020, President Buhari signed Executive Order 10, which seeks to establish the financial autonomy of the legislature and judiciary at the state level.

 

2. This sparked a debate about the constitutionality of the order. For those who know executive orders are tools by which the President carries out his constitutional duties. The President can also use executive orders to implement executive policies as long as they do not violate any existing constitutional and/or statutory provision.

 

3. However, executive orders do not constitute laws in the legislative sense. The National Assembly argues that Lawmaking falls exclusively within the purview of the legislature. This is not quite so in America, which presidential system we copy.

 

4. The objective of the Executive Order 10, also known as the “Implementation of Financial Autonomy of State Legislature and State Judiciary Order, 2020,” is to enforce the implementation of the 4th Alteration to the Constitution and provide a practical framework for the legislative and judicial arms of state governments to have financial autonomy. The 4th Alteration, which amended Section 121(3) of the Constitution, provides that:

 

“Any amount standing credit of the – a) House of Assembly of the state, and b) Judiciary, in the Consolidated Revenue Fund of the state shall be paid directly to the said bodies respectively; in the case of judiciary, such amount shall be paid directly to the Heads of the Courts concerned.”

 

Prior to this amendment, Section 121(3) – and the similar provision contained in Section 81 of the Constitution, which relates to the federal government – provided autonomy for only the judiciary. The president’s executive order authorizes the Accountant-General of the Federation to deduct from source, the money due to the legislature and judiciary of states from the monthly allocations of states whose executives fail to grant financial autonomies to the other two arms of government.

 

The order also directed every state government to set up a committee comprising the Commissioner of Finance, the Accountant General of the State, a representative of the state’s Budget Office, the Chief Registrar of the High Court, Sharia Court of Appeal and Customary Court of Appeal as applicable, the Clerk of the House of Assembly and the Secretary of the State Judicial Service Committee or Commission. This committee is to be accorded legal recognition in the appropriation laws of the states. The committee’s main task is to, where applicable, determine based on the revenue profile of the state, a workable budget for each arm of the state government.

 

The executive order also provides that each state judiciary is to set up a state judiciary budget committee, which would be responsible for preparing, administering and implementing the budget of the judiciary. The committee would comprise of the state’s Chief Judge as Chairman, the Grand Kadi of Sharia Court of Appeal or President of Customary Court of Appeal as applicable, and two members of the Judicial Service Committee/Commission to be appointed by the Chief Judge. The Chief Registrar is to serve as Secretary of the committee.

 

5. The lack of financial autonomy for the legislative and judicial arms of government has been a long-standing issue, especially with respect to the judiciary, which was even guaranteed such autonomy prior to the 4th Alteration. The Judiciary Staff Union of Nigeria (JUSUN) instituted a similar action against the NJC, AGF and the Attorneys-General of the states in the same year, and also claimed reliefs for the implementation of the financial autonomy of the judiciary at both the federal and state levels in accordance with the provisions of Sections 81(3) and 121(3) of the 1999 Constitution. Both suits were decided in favour of the financial autonomy of the judiciary. More than than five years later, major parts of the judgments are still being disobeyed as state governments continue to breach the Constitution.

 

6. The Federal Capital Territory (FCT), has complied with the provisions of Section 121(3) of the Constitution. The committee’s report ties the non-compliance to the non-availability of uniform modalities for full compliance as obtainable at the federal level. Thus, the report posits that a template, modeled after the framework at the federal level, should be developed to serve as a uniform standard for implementation by the states. This position is what eventually led to Executive Order 10 of 2020.

 

The underfunding of the Judiciary, poor and inadequate judicial infrastructure, low morale among judicial personnel, alleged corruption in the judiciary, delays in administration of justice and judicial service delivery, and general low quality and poor out-put by the judiciary.”

 

7. Moreso, the outcome of the state executive’s control of the purse strings is the notion that houses of assembly are rubber stamps of state governors. Indeed, the efficiency of the judiciary hinges on its independence, which is inextricably wedded to its financial autonomy. The ability of state legislatures to truly provide checks and balances for the state executives is reduced to nothing when the lawmakers have to lobby and practice eye-service for the purpose of accessing funds that legitimately belong to them.

 

8. What the President has tried to do is to ensure the performance of the constitutional provisions by arm-twisting the state governments. It is also fair to state that the structure of the order provides a very practical guide for the states to implement the constitutional provisions.

The President’s directive to the Accountant-General of the Federation to deduct funds from the Federation Account on behalf of state judiciaries and legislatures whose executives have denied their financial autonomies is in breach of another constitutional provision. Section 162(4) of the Constitution states that any amount standing to the credit of the States in the Federation Accountshall be distributed among the states on such terms and in such manner as may be prescribed by the National Assembly. Hence, the President cannot withhold or direct any deductions from the funds due to any state government in the Federation Account.

 

How do we then get our state governors to obey the constitution and grant financial autonomy to their counterparts in the judiciary and the legislature?

Do we return to the courts when there is already a subsisting judgment in the JUSUN case that is yet to be obeyed? Strike actions undertaken by JUSUN at different junctures since the judgment have not yielded the desired outcome. It my firm belief that lawmakers and the judiciaries at the state level should conjure the political will and demand and ensure complete adherence to the constitution with regard to their financial autonomy. The State Governor's should adhere to the order and implement it without delay.

 

Funmilayo Odude, Legal Practitioner, Damod Law Practice

 

Dr. John Idumange, DG, Herdadi


Follow the ACER for more on interesting articles...

 

Post a Comment

0Comments
Post a Comment (0)

#buttons=(Accept !) #days=(20)

Our website uses cookies to enhance your experience. Learn More
Accept !