The 36 states of the federation have approached the supreme
court seeking to quash the presidential executive order No. 00-10 of 2020 which
mandates state governments to fund the judiciary.
President Muhammadu Buhari on May 22 signed the order
granting financial autonomy to the legislature and the judiciary in the 36
states of the federation.
The order empowered the accountant-general of the federation
to deduct funds for the state legislature and the judiciary from the federal
allocations to the states.
“Based on this order, where any state of the federation fails to release allocations meant for the state legislature and state judiciary, the accountant-general of the federation shall authorise deduction of the money from source,” the order read.
In the suit file by their respective attorneys-general, the
states are contending the constitutionality of the executive order.
Leading a team of lawyers on behalf of the states, Augustine
Alegeh, former president of the Nigerian Bar Association (NBA), said with the
executive order signed by the president, the federal government’s
responsibility of funding both the capital and recurrent expenditures of the
state high courts, sharia court of appeal and the customary court of appeal has
been pushed to the state governments.
He said the order violates sections six and eight (three) of
the 1999 constitution which put the responsibility of funding the courts on the
federal government.
Alegeh also said the 36 states have been funding the capital
projects in the listed courts since 2009.
He asked the apex court to make an order compelling the
federal government to refund the money spent by the states since 2009.
“Since the 5th of May 2009, the defendant had not funded the
capital and recurrent expenditures of the state high courts, sharia court of
appeal and the customary court of appeal of the plaintiffs’ states, apart from
paying only the salaries of the judicial officers of the said courts,” the
lawyer said.
“The plaintiffs’ states have been solely responsible for
funding the capital and recurrent expenditures of the state high courts, Sharia
Court of Appeal and the Customary Court of Appeal of the plaintiffs’ states,
which the defendant has failed and/or refused to funds.”
Abubakar Malami, attorney-general of the federation, is the
sole respondent in the suit representing the federal government.
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