Prof. Ben Nwabueze, Senior Advocate of Nigeria (SAN) and a
constitutional lawyer has faulted President Muhammadu Buhari’s
Executive Order 10, stressing that it subverts the nation’s federal
system of government and void constitutionally.
The SAN maintained that even though the diversion of monies
meant for their legislative assemblies, judiciaries, and local
government councils by state governors was condemnable and called
for firm actions to stop it. He stressed that the Fourth Alteration
to the Constitution (Act No. 7) of 2018 was aimed at stopping it.
He pointed out that the Alteration neither adds to nor subtracted
from the financial autonomy already granted to the Judiciary by the
pre-existing section 121(3) of the Constitution.
Nwabueze in a press statement made available to journalists on
Thursday stated that the Alteration granted financial autonomy to
the State House of Assembly but lumped together with the financial
autonomy of the State Judiciaries as it existed under section
121(3) before the Fourth Alteration in 2018, pointing out that it
was not clear why the Fourth Alteration chose the rather confusing
way to bring about the change.
He maintained that the most fundamental provisions to which the
President’s executive power was made subject under section 5(1) was
the provision dividing powers of government between the Federal
Government and the State Governments under sections 4, 5 and 6, the
effect of which was to establish a federal system of government for
the country.
Nwabueze pointed out that the Executive Order 10 was
unconstitutional and void because it trenched on the autonomy of
the State Governments flowing from the division of powers, which
made it inconsistent with the federal system.
“The issue for consideration and determination here is whether
it is constitutionally competent for President Buhari to try to
implement the State Houses of Assembly’s financial autonomy by
means of Executive Order 10 issued by him in his capacity as head
of the executive arm of the Federal Government.
Granted that the financial autonomy of the State Houses of
Assembly should be protected against diversion of their money by
the State Governors, by what means and at what cost should this be
done? Should it be by means of an Executive Order made by the
President as sole individual in his capacity as Head of the
executive arm of the Federal Government? Executive Orders are
something new in Nigeria, and their constitutional boundaries, as a
form of legislation, are yet to be delineated and defined”, he
said.
Prof. Ben Nwabueze, Senior Advocate of Nigeria (SAN) and a
constitutional lawyer has faulted President Muhammadu Buhari’s
Executive Order 10, stressing that it subverts the nation’s federal
system of government and void constitutionally.
The SAN maintained that even though the diversion of monies
meant for their legislative assemblies, judiciaries, and local
government councils by state governors was condemnable and called
for firm actions to stop it. He stressed that the Fourth Alteration
to the Constitution (Act No. 7) of 2018 was aimed at stopping it.
He pointed out that the Alteration neither adds to nor subtracted
from the financial autonomy already granted to the Judiciary by the
pre-existing section 121(3) of the Constitution.
Nwabueze in a press statement made available to journalists on
Thursday stated that the Alteration granted financial autonomy to
the State House of Assembly but lumped together with the financial
autonomy of the State Judiciaries as it existed under section
121(3) before the Fourth Alteration in 2018, pointing out that it
was not clear why the Fourth Alteration chose the rather confusing
way to bring about the change.
He maintained that the most fundamental provisions to which the
President’s executive power was made subject under section 5(1) was
the provision dividing powers of government between the Federal
Government and the State Governments under sections 4, 5 and 6, the
effect of which was to establish a federal system of government for
the country.
Nwabueze pointed out that the Executive Order 10 was
unconstitutional and void because it trenched on the autonomy of
the State Governments flowing from the division of powers, which
made it inconsistent with the federal system.
“The issue for consideration and determination here is whether
it is constitutionally competent for President Buhari to try to
implement the State Houses of Assembly’s financial autonomy by
means of Executive Order 10 issued by him in his capacity as head
of the executive arm of the Federal Government.
Granted that the financial autonomy of the State Houses of
Assembly should be protected against diversion of their money by
the State Governors, by what means and at what cost should this be
done? Should it be by means of an Executive Order made by the
President as sole individual in his capacity as Head of the
executive arm of the Federal Government? Executive Orders are
something new in Nigeria, and their constitutional boundaries, as a
form of legislation, are yet to be delineated and defined”, he
said.