By James Orji
The Supreme Court seriously spanked President Muhammadu Buhari, on Friday, after it nullified the president’s Executive Order 10 which granted financial autonomy to state judiciary and legislature. Declaring as unlawful and unconstitutional, the apex court ruled that the president lacked powers to issue orders concerning how state spend their funds.
Recall that President Buhari signed the order in May 2021, which granted financial autonomy to the key state’s institution, despite protest by the state governors which later dragged the president to the court.
Governor Aminu Tambuwal of Sokoto State and Deputy chairman of the Nigerian Govrnors Forum, NGF had criticised the president for misusing his power, adding that the president was trying to usurped the powers of state governors.
He said “as Governors of the 36 States under the platform of the Nigeria Governors’ Forum (NGF), let me state very clearly that we are unequivocally committed to the autonomy of the judiciary and the legislature.
“The recent misunderstanding on the financial autonomy of the Judiciary is predicated on the need to establish an implementation framework to the 4th Alteration of the 1999 Constitution of the Federal Republic of Nigeria in Section 121(3). What we have questioned, and we have made this known at every opportunity, is the process of implementing this provision of the Constitution.
“As Governors, we will be failing in our responsibility if we refuse to draw the attention of the President, stakeholders and the country to grave concerns about the constitutionality of Executive Order 10 of 2020. That was the basis of the position that we took on the Executive Order 10.”
Ruling on the matter few minutes ago, a majority of the court’s seven-member panel agreed that the President exceeded his constitutional powers in issuing the EO10. Six out of the seven members of the panel proceeded to void and set aside the EO10 issued by President Muhammadu Buhari. The court, however, dismissed the N66 billion suit filed by the state governors against the Federal Government.
Abubakar Malawi, the Attorney-General and Ministerror of Justice had in a statement, after Buhari signed the order said the president exercised his power under the constitution. By implications, Malami said funds for the state judiciary and legislature will be deducted from the Federation Accounts Allocation from the money allocated to any State of the Federation that fails to release allocation meant for the State Legislature and State 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 President signed the Executive Order number 10 into law based on the power vested in him as the President of the Federal Republic of Nigeria under Section 5 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended), which extends to the execution and maintenance of the Constitution, laws made by the National Assembly (including but not limited to Section 121(3) of the 1999 Constitution (as Amended), which guarantee financial autonomy of the State Legislature and State Judiciary”, the statement added.
“The Accountant-General of the Federation shall by this Order and such any other Orders, Regulations or Guidelines as may be issued by the Attorney-General of the Federation and Minister of Justice, authorise the deduction from source in the course of Federation Accounts Allocation from the money allocated to any State of the Federation that fails to release allocation meant for the State Legislature and State Judiciary in line with the financial autonomy guaranteed by Section 121(3) of the Constitution of the Federal Republic of Nigeria 1999 (as Amended)”.
“Article 6 (1) 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 Court Complexes, Sharia Court of Appeal, Customary Court of Appeal and Court Complexes of other Courts befitting the status,” Malawi said in the statement.
The presidency had gone ahead to constitute a Presidential Implementation Committee to fashion out strategies and modalities for the implementation of the orer.
Meanwhile, the magazine lead that many state governors are now in celebration mood following the judgment. An aide to one of the governors from the South south told the magazine in confidence that “the ruling is a welcome one as this will further give state governors strong impetus to challenge any unlawful act of the president.
“The judiciary has shown itself to be the bastion of democracy and hope for the oppressed in Nigeria, we are really happy with the decision,” he said.
