* State Judiciary To Get Special Allocation For Capital
Projects
In the exercise of the powers of the Executive President of the
Federal Republic of Nigeria, President Muhammadu Buhari pursuant to
Section 5 of the 1999 Constitution of the Federal Republic of
Nigeria, he decides to give effect to the provision of (Fourth
Alteration, No.4) Act, 2017 ACT No.7 Constitution of the Federal
Republic of Nigeria 1999, by issuing the Executive Order No. 00-10
of 2020 granting the States Legislature & Judiciary financial
autonomy.
The 4th Alteration Act No. 7 provides that:
This alteration seeks to provide for the funding of the Houses
of Assembly of States directly from the consolidated revenue fund
of the State by substituting for subsection (3) of Section 121 of
the Principal Act which formerly read:
“Any amount standing to the credit of the judiciary in the
Consolidated Revenue Fund of the State shall be paid directly to
the heads of the courts concerned” a new subsection (3) which now
reads:
‘‘Any amount standing to the credit of the –
(a) House of Assembly of the State; and
(b) Judiciary;
in the Consolidated Revenue Fund of the State shall be paid
directly to the said bodies respectively; in the case of the
judiciary, such amount shall be paid directly to the heads of the
courts concerned.”
In the light of this provision, it was made available to
Nairalaw(TNL), President Buhari’s
PRESIDENTIAL EXECUTIVE ORDER NO. 00-10 OF 2020 below:
PRESIDENTIAL EXECUTIVE ORDER NO. 00-10 OF
2020
PRESIDENTIAL EXECUTIVE ORDER NO. 00- 10 BY THE PRESIDENT OF
THE FEDERAL REPUBLIC OF NIGERIA FOR THE IMPLEMENTATION OF FINANCIAL
AUTONOMY FOR THE STATE LEGISLATURE AND STATE JUDICIARY AND FOR
OTHER RELATED MATTERS
WHEREAS 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;
WHEREAS 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); and
BY THE POWER vested in me 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.
NOW, THEREFORE, I, MUHAMMADU BUHARI, PRESIDENT OF
THE FEDERAL REPUBLIC OF NIGERIA, IN EXERCISE OF THE POWER CONFERRED
ON ME, DO HEREBY ORDERS AS FOLLOWS –
- Appropriation, Authorisation, Orders,
Etc.
(a) Without prejudice
to any other applicable laws, legislations and conventions at the
State tier of Government, which also provides for financial
autonomy of State Legislature and State Judiciary, allocation of
appropriated funds to the State Legislature and State Judiciary in
the State appropriation laws in the annual budget of the State,
shall be a charge upon the Consolidated Revenue Fund of the State,
as a First Line Charge.
(b) 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).
- Determination of the Budget
Notwithstanding the provisions of any existing law, convention
or regulation, other than the Constitution of the Federal Republic
of Nigeria 1999 (as Amended), providing for appropriation or
management of funds at the State tier of Government as follows
–
- every State Government of the Federation shall set up a
Committee from the commencement of this Executive Order comprising
the Commissioner of Finance, Accountant-General of the State,
representative of the State Budget Office, Chief Registrars of
State High Court, Sharia Court of Appeal and Customary Court of
Appeal, (where applicable), the Clerk to the State House of
Assembly and the Secretary of the State Judicial Service Committee
or Commission; - where applicable, determine and ascertain from the Revenue
profile of the State, a workable budget for each Arm of the State
Government based on the request and needs of the Accounting
Officers; and - the Committee shall be given and accorded legal recognition in
the various relevant appropriation or Funds Management Laws of the
States.
- Creation of State Judiciary Budget
Committee
(a) For the purpose of
Appropriation to the State Judiciary, each State Judiciary of the
federation shall set up a State Judiciary Budget Committee (in this
Order referred to as “a Committee”) to serves as an administrative
body to prepare, administer and implement the budget of the State
Judiciary with such modifications as may be required to meet the
needs of the State Judiciary.
(b) The Committee shall consist of the
State Chief Judge as the Chairman with the Grand Kadi, Sharia Court
of Appeal, the President, Customary Court of Appeal, where
applicable and two members of the Judicial Service Committee or
Judicial Service Commission to be appointed by the Chief Judge, in
consultation with other Members of the Committee, to serve as
Members.
(c) The Chief Registrar of the State High Court is
to serve as Secretary.
(d) The modalities for budget
preparations and implementation shall include but not limited to
the following:
(i) upon the receipt
of the Budget Estimates of the Fiscal Year
for the State Judiciary, the State Judiciary Budget Committee shall
invite all the Accounting Officers of the various Courts/Judicial
Bodies to defend their budget estimates;
(ii) the budget estimates for Courts and Judicial bodies shall
be based on expenditure line items given to them by the State
Judiciary Budget Committee which shall be defended before the State
House of Assembly; and
(iii) upon the appropriation of Funds, the State Judiciary
Budget Committee shall on a monthly basis or as the case may be,
request the Budget Office of the State to release the statutory
allocation for the quarter or monthly and the Authority to Incur
Expenditure (AIE) shall be raised by the Office of the
Accountant-General of the State for the release of the Fund to all
the Heads of Courts/Judicial Bodies in line with the Appropriation
Law.
- Budget Preparation, Templates and
Modalities
(a) Without
prejudice to any existing budget templates in force in any States
of the federation, the State Legislature and State Judiciary shall
continue to maintain the strata of line consultations, inter Arms
and inter-Agency pre-budget consultations and frontloading as is
done in some States.
(b) The budget
templates and models in the schedule to this Executive Order shall
apply to State Legislature and State Judiciary with modifications,
in compliance with Section 121(3) of the 1999 Constitution of the
Federal Republic of Nigeria (as Amended) and such other applicable
Laws.
- Appropriation and Supplementary Appropriation Law,
Etc.
(a) 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.
(b) Where
Appropriation Law exists in any State of the federation before the
commencement and implementation of this Order, such States shall
amend their Appropriation Law to encompass financial autonomy of
State Legislature and State Judiciary.
(c) This Order
expects States without Appropriation Law on financial autonomy of
State Legislature and State Judiciary to do so.
- Special Allocation for the Judiciary
(a)
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.
(b) In this
section, “Other Courts” includes Magistrate Courts, District
Courts, Customary Courts and Area Courts.
- Implementation of this Order
(a) Subject to
section 8(1) of this Order, implementation of the provisions of
this Order shall be carried out by the Presidential Implementation
Committee in accordance with its recommendations.
(b) To the extent as
may be permitted by law, the Accountant-General of the Federation
shall take appropriate steps to ensure compliance with the
provisions of this Order and implementation of the recommendations
of the Committee, as may from time to time be made.
(c) This Order shall
be implemented consistently with States applicable laws that
guarantee financial autonomy of State Legislature and State
Judiciary and subject to the availability of funds.
- Citation
This ORDER may be cited as the Implementation of Financial
Autonomy of State Legislature and State Judiciary Order, 2020.
- Commencement
This Executive Order shall take effect from this 20th Day of
May, 2020.
Muhammadu Buhari, GCFR,
President, Federal Republic of Nigeria,
* State Judiciary To Get Special Allocation For Capital
Projects
In the exercise of the powers of the Executive President of the
Federal Republic of Nigeria, President Muhammadu Buhari pursuant to
Section 5 of the 1999 Constitution of the Federal Republic of
Nigeria, he decides to give effect to the provision of (Fourth
Alteration, No.4) Act, 2017 ACT No.7 Constitution of the Federal
Republic of Nigeria 1999, by issuing the Executive Order No. 00-10
of 2020 granting the States Legislature & Judiciary financial
autonomy.
The 4th Alteration Act No. 7 provides that:
This alteration seeks to provide for the funding of the Houses
of Assembly of States directly from the consolidated revenue fund
of the State by substituting for subsection (3) of Section 121 of
the Principal Act which formerly read:
“Any amount standing to the credit of the judiciary in the
Consolidated Revenue Fund of the State shall be paid directly to
the heads of the courts concerned” a new subsection (3) which now
reads:
‘‘Any amount standing to the credit of the –
(a) House of Assembly of the State; and
(b) Judiciary;
in the Consolidated Revenue Fund of the State shall be paid
directly to the said bodies respectively; in the case of the
judiciary, such amount shall be paid directly to the heads of the
courts concerned.”
In the light of this provision, it was made available to
Nairalaw(TNL), President Buhari’s
PRESIDENTIAL EXECUTIVE ORDER NO. 00-10 OF 2020 below:
PRESIDENTIAL EXECUTIVE ORDER NO. 00-10 OF
2020
PRESIDENTIAL EXECUTIVE ORDER NO. 00- 10 BY THE PRESIDENT OF
THE FEDERAL REPUBLIC OF NIGERIA FOR THE IMPLEMENTATION OF FINANCIAL
AUTONOMY FOR THE STATE LEGISLATURE AND STATE JUDICIARY AND FOR
OTHER RELATED MATTERS
WHEREAS 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;
WHEREAS 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); and
BY THE POWER vested in me 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.
NOW, THEREFORE, I, MUHAMMADU BUHARI, PRESIDENT OF
THE FEDERAL REPUBLIC OF NIGERIA, IN EXERCISE OF THE POWER CONFERRED
ON ME, DO HEREBY ORDERS AS FOLLOWS –
- Appropriation, Authorisation, Orders,
Etc.
(a) Without prejudice
to any other applicable laws, legislations and conventions at the
State tier of Government, which also provides for financial
autonomy of State Legislature and State Judiciary, allocation of
appropriated funds to the State Legislature and State Judiciary in
the State appropriation laws in the annual budget of the State,
shall be a charge upon the Consolidated Revenue Fund of the State,
as a First Line Charge.
(b) 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).
- Determination of the Budget
Notwithstanding the provisions of any existing law, convention
or regulation, other than the Constitution of the Federal Republic
of Nigeria 1999 (as Amended), providing for appropriation or
management of funds at the State tier of Government as follows
–
- every State Government of the Federation shall set up a
Committee from the commencement of this Executive Order comprising
the Commissioner of Finance, Accountant-General of the State,
representative of the State Budget Office, Chief Registrars of
State High Court, Sharia Court of Appeal and Customary Court of
Appeal, (where applicable), the Clerk to the State House of
Assembly and the Secretary of the State Judicial Service Committee
or Commission; - where applicable, determine and ascertain from the Revenue
profile of the State, a workable budget for each Arm of the State
Government based on the request and needs of the Accounting
Officers; and - the Committee shall be given and accorded legal recognition in
the various relevant appropriation or Funds Management Laws of the
States.
- Creation of State Judiciary Budget
Committee
(a) For the purpose of
Appropriation to the State Judiciary, each State Judiciary of the
federation shall set up a State Judiciary Budget Committee (in this
Order referred to as “a Committee”) to serves as an administrative
body to prepare, administer and implement the budget of the State
Judiciary with such modifications as may be required to meet the
needs of the State Judiciary.
(b) The Committee shall consist of the
State Chief Judge as the Chairman with the Grand Kadi, Sharia Court
of Appeal, the President, Customary Court of Appeal, where
applicable and two members of the Judicial Service Committee or
Judicial Service Commission to be appointed by the Chief Judge, in
consultation with other Members of the Committee, to serve as
Members.
(c) The Chief Registrar of the State High Court is
to serve as Secretary.
(d) The modalities for budget
preparations and implementation shall include but not limited to
the following:
(i) upon the receipt
of the Budget Estimates of the Fiscal Year
for the State Judiciary, the State Judiciary Budget Committee shall
invite all the Accounting Officers of the various Courts/Judicial
Bodies to defend their budget estimates;
(ii) the budget estimates for Courts and Judicial bodies shall
be based on expenditure line items given to them by the State
Judiciary Budget Committee which shall be defended before the State
House of Assembly; and
(iii) upon the appropriation of Funds, the State Judiciary
Budget Committee shall on a monthly basis or as the case may be,
request the Budget Office of the State to release the statutory
allocation for the quarter or monthly and the Authority to Incur
Expenditure (AIE) shall be raised by the Office of the
Accountant-General of the State for the release of the Fund to all
the Heads of Courts/Judicial Bodies in line with the Appropriation
Law.
- Budget Preparation, Templates and
Modalities
(a) Without
prejudice to any existing budget templates in force in any States
of the federation, the State Legislature and State Judiciary shall
continue to maintain the strata of line consultations, inter Arms
and inter-Agency pre-budget consultations and frontloading as is
done in some States.
(b) The budget
templates and models in the schedule to this Executive Order shall
apply to State Legislature and State Judiciary with modifications,
in compliance with Section 121(3) of the 1999 Constitution of the
Federal Republic of Nigeria (as Amended) and such other applicable
Laws.
- Appropriation and Supplementary Appropriation Law,
Etc.
(a) 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.
(b) Where
Appropriation Law exists in any State of the federation before the
commencement and implementation of this Order, such States shall
amend their Appropriation Law to encompass financial autonomy of
State Legislature and State Judiciary.
(c) This Order
expects States without Appropriation Law on financial autonomy of
State Legislature and State Judiciary to do so.
- Special Allocation for the Judiciary
(a)
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.
(b) In this
section, “Other Courts” includes Magistrate Courts, District
Courts, Customary Courts and Area Courts.
- Implementation of this Order
(a) Subject to
section 8(1) of this Order, implementation of the provisions of
this Order shall be carried out by the Presidential Implementation
Committee in accordance with its recommendations.
(b) To the extent as
may be permitted by law, the Accountant-General of the Federation
shall take appropriate steps to ensure compliance with the
provisions of this Order and implementation of the recommendations
of the Committee, as may from time to time be made.
(c) This Order shall
be implemented consistently with States applicable laws that
guarantee financial autonomy of State Legislature and State
Judiciary and subject to the availability of funds.
- Citation
This ORDER may be cited as the Implementation of Financial
Autonomy of State Legislature and State Judiciary Order, 2020.
- Commencement
This Executive Order shall take effect from this 20th Day of
May, 2020.
Muhammadu Buhari, GCFR,
President, Federal Republic of Nigeria,