President Muhammadu Buhari may have pulled a fast one on state
governors with Friday’s signing of Executive Order No. 10 of 2020
which grants financial autonomy to State legislature and the
judiciary.
Many governors were left shocked by the president’s action
coming so soon after the financial autonomy granted local
governments by this same administration.
According to TheNation[1] the
aggrieved governors see the signing of the Executive Order as a
breach of ongoing talks between them and the Presidency on how to
go about the autonomy.
Some of them are not ruling out litigation on the matter.
The Presidency had, through the late Chief of Staff, Mallam Abba
Kyari, engaged the governors on the autonomy models for the next
constitution review.
The negotiation had not been concluded before Kyari died.
The governors also claimed that the alleged “hasty” issuance of
the order will derail the collaboration between the Nigeria
Governors’ Forum (NGF) and the Conference of Speakers of the State
Houses of Assembly.
The two groups had established a committee to work out
modalities for autonomy just before the Covid-19 crisis
It was learnt that some of the governors may go to court to
contest the constitutionality and legality of the Executive
Order.
Others may use pressure groups to sue Buhari for a proxy legal
battle.
Sources said some of the governors, especially those in the
opposition, felt Buhari is using Executive Order to subvert the
constitution with a view to caging them.
Their views on the new Executive Order are:
*It constitutes a breach of the understanding with the
Presidency;
*It is illegal because only amendment to the 1999 Constitution
can guarantee such autonomy;
*Executive Order does not have legislation force; and
*It is an encroachment of the laws on the disbursement of the
funds in the Federation Account
A PDP governor told The Nation last night that they were ”
shocked by the decision of the President to issue this Executive
Order, which is more of a decree of the military era than a
constitutional process.’
“The order cannot stand, we will go to court to challenge it,”
he said
“Our party is not opposed to autonomy for the legislature and
the judiciary but it must be a constitution review Process.
“But we have a growing pattern of sliding into dictatorship with
Executive Orders. We won’t allow the subversion of the 1999
Constitution.”
Another governor said: “The order was least expected, it is an
abuse and a violation of the ongoing talks between the Presidency
and the governors. We have been working out the type of autonomy
models to adopt. And the late Chief of Staff, Mallam Abba Kyari,
represented the President at our sessions.
“We are also collaborating with the Conference of Speakers on
how to go about the autonomy. I think the Presidency should have
waited for all these consultations to end.”
A governor from the North-East said: “A true autonomy for the
legislature and the judiciary cannot be by fiat. The National
Assembly has constituted a Constitution Review Committee; the
Presidency ought not to be preemptive.
“It appears dialogue is now too late; we will surely go to court
because the President has no power to personally legislate on
autonomy for these two arms of government.”
Another source said: “the governors, who are still battling with
the effect of the financial autonomy granted local governments by
this same administration had hoped to stop the financial autonomy
of the legislature in particular.
“This is to ensure their continued control on the
lawmakers.”
The governors had been opposed to the autonomy bill which was
passed by the 8th National Assembly and signed by the
president.
The law had remained unimplemented but the Conference of
Speakers of State Legislatures in Nigeria, worked hard with the
support of the leadership of the National Assembly and the Justice
Ministry, to pull the latest surprise.
The Attorney-General of the Federation and Minister of Justice,
Mallam Abubakar Malami (SAN), said in a statement 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 consideration
all other applicable laws, instruments, conventions and
regulations, which provides for financial autonomy at the state
tier of government.
“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, authorize 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 Court.”
President Muhammadu Buhari may have pulled a fast one on state
governors with Friday’s signing of Executive Order No. 10 of 2020
which grants financial autonomy to State legislature and the
judiciary.
Many governors were left shocked by the president’s action
coming so soon after the financial autonomy granted local
governments by this same administration.
According to TheNation[1] the
aggrieved governors see the signing of the Executive Order as a
breach of ongoing talks between them and the Presidency on how to
go about the autonomy.
Some of them are not ruling out litigation on the matter.
The Presidency had, through the late Chief of Staff, Mallam Abba
Kyari, engaged the governors on the autonomy models for the next
constitution review.
The negotiation had not been concluded before Kyari died.
The governors also claimed that the alleged “hasty” issuance of
the order will derail the collaboration between the Nigeria
Governors’ Forum (NGF) and the Conference of Speakers of the State
Houses of Assembly.
The two groups had established a committee to work out
modalities for autonomy just before the Covid-19 crisis
It was learnt that some of the governors may go to court to
contest the constitutionality and legality of the Executive
Order.
Others may use pressure groups to sue Buhari for a proxy legal
battle.
Sources said some of the governors, especially those in the
opposition, felt Buhari is using Executive Order to subvert the
constitution with a view to caging them.
Their views on the new Executive Order are:
*It constitutes a breach of the understanding with the
Presidency;
*It is illegal because only amendment to the 1999 Constitution
can guarantee such autonomy;
*Executive Order does not have legislation force; and
*It is an encroachment of the laws on the disbursement of the
funds in the Federation Account
A PDP governor told The Nation last night that they were ”
shocked by the decision of the President to issue this Executive
Order, which is more of a decree of the military era than a
constitutional process.’
“The order cannot stand, we will go to court to challenge it,”
he said
“Our party is not opposed to autonomy for the legislature and
the judiciary but it must be a constitution review Process.
“But we have a growing pattern of sliding into dictatorship with
Executive Orders. We won’t allow the subversion of the 1999
Constitution.”
Another governor said: “The order was least expected, it is an
abuse and a violation of the ongoing talks between the Presidency
and the governors. We have been working out the type of autonomy
models to adopt. And the late Chief of Staff, Mallam Abba Kyari,
represented the President at our sessions.
“We are also collaborating with the Conference of Speakers on
how to go about the autonomy. I think the Presidency should have
waited for all these consultations to end.”
A governor from the North-East said: “A true autonomy for the
legislature and the judiciary cannot be by fiat. The National
Assembly has constituted a Constitution Review Committee; the
Presidency ought not to be preemptive.
“It appears dialogue is now too late; we will surely go to court
because the President has no power to personally legislate on
autonomy for these two arms of government.”
Another source said: “the governors, who are still battling with
the effect of the financial autonomy granted local governments by
this same administration had hoped to stop the financial autonomy
of the legislature in particular.
“This is to ensure their continued control on the
lawmakers.”
The governors had been opposed to the autonomy bill which was
passed by the 8th National Assembly and signed by the
president.
The law had remained unimplemented but the Conference of
Speakers of State Legislatures in Nigeria, worked hard with the
support of the leadership of the National Assembly and the Justice
Ministry, to pull the latest surprise.
The Attorney-General of the Federation and Minister of Justice,
Mallam Abubakar Malami (SAN), said in a statement 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 consideration
all other applicable laws, instruments, conventions and
regulations, which provides for financial autonomy at the state
tier of government.
“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, authorize 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 Court.”