The Supreme Court has declared executive order 10 by President Muhammadu Buhari on the funding of the judiciary, legislature as unconstitutional.
A majority of the seven-member panel of justices today held that the President exceeded his constitutional powers in issuing executive order 10.
The apex court held that it is not the responsibility of the federal government to fund the capital and recurrent expenditure of state judiciary.
What happened in court
On September 17, 2020, the 36 states had instituted a suit against the Federal Government through their attorney-generals seeking a refund of the N66 billion they had spent on funding the state courts.
They argued that the Federal Government was responsible for the funding of capital and recurrent expenditure of state courts.
They submitted that section 81(3) of the 1999 constitution, makes provision for the funding of the courts.
“That item 21(e) of the Third Schedule to the 1999 Constitution provides that the National Judicial Council (NJC) is to collect from the defendant and disburse all capital and recurrent expenditure in respect of all the courts established under Section 6 of the same Constitution.
“That Section 121(3) of the constitution makes provision for all capital and recurrent expenditures for courts not established under Section 6 of the constitution by the respective plaintiff’s states.”
The executive order 10 signed by the president vested power on the accountant-general of the federation to deduct funds for the state legislature and the judiciary from the federation allocations to the states
However, in a split decision at today’s hearing, the majority of the panel of which Six out of the seven members of the panel proceeded to void and set aside the executive order 10.
The justices held that the President exceeded his constitutional powers in issuing the executive order 10.
Counsel to the 36 states, Augustine Alegeh told the court that “Our position is that funds meant for the judiciary should be taken from the consolidated revenue fund and handed to the NJC for disbursement to heads of courts as stipulated in section 6 of the constitution.”
The justices held that the state governments will continue to fund the state courts and reimburse expenses and budgetary provisions,
On the refund demanded by the states, the panel held that they were not entitled to a refund on what they had spent to maintain the courts prior to today.
The supreme court ruled that it is not the responsibility of the federal government to fund the capital and recurrent expenditure of state judiciary.
What you should know
- On May 2020, President Buhari signed the executive order which grants financial autonomy to the legislature and the judiciary in the 36 states of the federation.
- The 36 states in their suit had argued that with the executive order, it is the responsibility of the federal government to fund the state courts.
