Presidential Committee Tasks State Governors On Legislature, Judiciary Autonomy

The Presidential Implementation Committee on autonomy of state
legislature and judiciary has tasked state governors on the full
implementation of autonomy for the two arms of government.
This was contained in a 12-point communique issued at the end a
two-day retreat in Abuja on Friday.

The communique was signed by the Attorney General of the
Federation and Minister of Justice, Abubakar Malami, Chairman of
the committee; the Secretary, Senator Ita Enang; and 20 other
members of the committee.

The committee noted that following the assent by President
Muhammadu Buhari to the Constitution of the Federal Republic of
Nigeria, 1999 (Fourth Alteration) in June 2018, granting financial
autonomy to state legislatures and judiciary, it was observed that
it was observed more in the breach than in compliance.

The committee said: “As a result, President Muhammadu Buhari
inaugurated a Presidential Implementation Committee on the Autonomy
of State Legislature and Judiciary (The Committee) on March 22.
“The committee is to fashion out a workable national strategy for
the implementation of financial autonomy of state legislature and
judiciary in accordance with the provisions of Section 121(3) of
the Constitution.

“This is to ensure that funds appropriated to these two tiers of
Governments at the State level are released to them directly.
“Upon inauguration, the committee adopted its work plan and held a
number of technical meetings, sub-committee meetings, strategic
consultations among others which culminated into the 2-Day
Retreat.

“The retreat was to provide a broad based platform for
stakeholders to brainstorm and articulate an effective national
strategy for the implementation of autonomy of States’ Legislature
and Judiciary.”

The Retreat was attended by a cross section of stakeholders from
the Legislature, Judiciary, representatives of Judicial Staff Union
of Nigeria, representatives of Parliamentary Staff Union of Nigeria
and Civil Society Organisations, among others.

They commended President Buhari for the bold step in signing the
Constitution of the Federal Republic of Nigeria, 1999 (Fourth
Alteration) into law.

The stakeholders also commended the President for inaugurating
the Presidential Implementation Committee on Autonomy of State
Legislature and Judiciary.

They noted that the move was a clear demonstration of his
commitment to give effect to the financial autonomy of the
legislature and the judiciary at the state level.

The committee said: “There are various levels of minimal
compliance in various states but all fall short of the expected
compliance, as budget performance across 36 States of the
federation show that while the least allocations to state judiciary
in the past three years was 0.6 per cent of the state budgets, the
entire allocation was 4.89 per cent.

“We therefore urge the governors as heads of the Executive Arm
of Government to begin full implementation of the financial
autonomy granted the legislature and the judiciary.

“The should equally adopt the budgeting model operating at the
federal level where the sum due to the judiciary and the
legislature are captured as first line charge in the budget laid
before and passed by the Legislature.

“Meanwhile, the budget proposal of the legislature and judiciary
should be defended before the relevant committees of the
legislature.

“The total sum, both Capital and Recurrent, approved in the
Annual Budget of the state, be released monthly on a pro–rata basis
by the Accountant General of the State, directly to the heads of
the legislatures and the judiciary, and heads of Judicial Service
Committee or Commission.

“The budgeted sum, Capital and Recurrent howsoever describe
released to the Judiciary to be spent by the Judiciary on the
projects, programmes and capital development of the Judiciary,
including recruitment and training of personnel. And so for the
Legislature.

“Current practice in some states where appropriated recurrent
expenditure due the judiciary and legislature in the budget were
released to the judiciary and legislature and the capital
components are warehoused in the Executive was abolished.”

The communiqué noted that the strata of line consultations and
inter arms as well as inter-agency pre-budget consultations and
front loading as already done in some states, be adopted.

It said: “The Nigeria Governors’ Forum is appreciated for its
commitment to the implementation of the financial autonomy of state
legislature and State Judiciary in Accordance with the 4th
Alteration to the 1999 Constitution (as amended);

“There shall be created a State Allocation Committee comprising
the Commissioner of Finance, the Accountant General of the State,
the Clerk ofState House of Assembly, Chief Registrars of High
Courts, Sharia Court of Appeal and Customary Courts, Secretary of
Judicial Service Commission/Committee and Secretary of State
Assembly Service Commission if any.

“This is for the purpose of determining the amount due to each
arm of government based on the budgetary provision but subject to
the funds available to the State;

“The retirement benefit and pensions of judicial officers of
Superior Courts of records in the State should be paid by the
National Judicial Council as they receive their salaries and
allowances from the NJC while in office;

“State Houses of Assembly to pass Funds Management Law or Budget
Process Law by whatever name called, as a legal framework that will
ensure judicious budgeting and use of funds accrued to the
State.”

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