President Muhammadu Buhari has signed into law Executive Order
No. 10 of 2020 for the implementation of Financial Autonomy of
State Legislature and State judiciary Order, 2020.
The Attorney General of the Federation and Minister of Justice
(AGF), Abubakar Malami (SAN) who disclosed this in a statement said
the exercise took place on Friday.
The statement which was issued by his Special Assistant on Media
and Public Relations, Dr. Umar Gwandu, explained that the action of
the president was in exercise of his constitutional duties.
It that a Presidential Implementation Committee was constituted
to fashion out strategies and modalities for the implementation of
financial autonomy for the State Legislature and State Judiciary in
compliance with section 121(3) of the Constitution of the Federal
Republic of Nigeria, 1999 (as Amended); taking into considerations
all other applicable laws, instruments, conventions and
regulations, which provides for financial autonomy at the State
tier of Government.
According to the statement the implementation of financial
autonomy of the State Legislature and State Judiciary will
strengthen the institutions at the State tier of Government and
make them more independent and accountable in line with the tenets
of democracy as enshrined by 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 Order Provides that “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)”.
Based on the Executive Order at the commencement of this Order
for implementation of financial autonomy for State Legislature and
State judiciary in line with section 121(3) of the 1999
Constitution of the Federal Republic of Nigeria (as Amended), all
States of the Federation shall include the allocations of the two
Arms of Government in their Appropriation Laws.
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 of a Courts.
President Muhammadu Buhari has signed into law Executive Order
No. 10 of 2020 for the implementation of Financial Autonomy of
State Legislature and State judiciary Order, 2020.
The Attorney General of the Federation and Minister of Justice
(AGF), Abubakar Malami (SAN) who disclosed this in a statement said
the exercise took place on Friday.
The statement which was issued by his Special Assistant on Media
and Public Relations, Dr. Umar Gwandu, explained that the action of
the president was in exercise of his constitutional duties.
It that a Presidential Implementation Committee was constituted
to fashion out strategies and modalities for the implementation of
financial autonomy for the State Legislature and State Judiciary in
compliance with section 121(3) of the Constitution of the Federal
Republic of Nigeria, 1999 (as Amended); taking into considerations
all other applicable laws, instruments, conventions and
regulations, which provides for financial autonomy at the State
tier of Government.
According to the statement the implementation of financial
autonomy of the State Legislature and State Judiciary will
strengthen the institutions at the State tier of Government and
make them more independent and accountable in line with the tenets
of democracy as enshrined by 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 Order Provides that “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)”.
Based on the Executive Order at the commencement of this Order
for implementation of financial autonomy for State Legislature and
State judiciary in line with section 121(3) of the 1999
Constitution of the Federal Republic of Nigeria (as Amended), all
States of the Federation shall include the allocations of the two
Arms of Government in their Appropriation Laws.
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 of a Courts.