By Simon Rogo
No Nigeria’s Attorney-General of the Federation and Minister of
Justice has been as underrated, and even as maligned as Abubakar
Malami. Yet, slowly but steadily, he is turning out to be the most
impactful chief law officer of the federation the country has ever
had.
After coming out with the legal instrument of the Nigeria
Financial Intelligence Unit (NFIU) which issued guidelines to
states in May 2019 on ensuring that funds allocated to local
governments go directly into their bank accounts, Buhari has now
signed Executive Order 10 granting financial autonomy to
legislature and judiciary in all the 36 states.
Malami said the executive 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).”
The AGF has explained the import of the Order as being geared
towards deepening democracy at the grassroots and ensuring
effective implementation of the doctrine of separation of powers.
This is hardly disputable. Indeed, the Order is simply an
implementation of the provision of the 1999 Nigerian Constitution
(as amended). Section 121(3) of the constitution says “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.” This is exactly what the Order has reinforced.
And there is no doubt that democracy as a system of government
cannot thrive where there is no separation of powers among the
three major arms of the government.
The framers of our constitution ensured that the doctrine of
separation of powers was captured in the constitution to prevent
one arm of the government, especially the executive, from becoming
too powerful. The system of separation of powers divides the tasks
of the state into those three branches so that no one institution
can become so powerful in a democracy as to destroy the system.
But our experience has shown that this doctrine has not been
respected by the political elites who dominate the other arms of
the government once they get executive powers. In many of the 36
states, the judiciary and especially the legislature have been at
the beck and call of the executive. Many former state governors
have lamented the lack of independence of state legislatures and
even judiciary, after they left office.
So, the Order, if enforced, would surely facilitate good
governance and more rapid development in states. The legislature
provides an essential contribution to the quality of a country’s
overall governance by adding value to government policy, initiating
people-centred policies independently of government, and enabling
policy to be translated into social reality by means of the laws
they make. On the hand, an independent judiciary would promote the
rule of law because it guarantees that judges would be free to
decide honestly and impartially, in accordance with the law and
evidence, without concern or fear of interference, control, or
improper influence from the executive.
But what is even more important for now, which makes the Order
relevant at this time, is the execution of Malami’s plan to
transform the judiciary into a more efficient and technology-driven
institution. Malami, in consultation with all relevant
stakeholders, had worked out how to cover lost grounds and digitize
judicial functions in view of the covid-19 pandemic.
The AGF has rolled out measures for the transformation of the
judiciary to enable it respond adequately and effectively to the
new normal. While announcing the Order, Malami 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 Courts.”
Without an effective legal check on the executive, this proposed
upgrade of judiciary infrastructure may never see the light. The
Order has empowered the judiciary in the states for more efficient
delivery of justice, and would hasten the execution of the
envisaged turn-around for the justice system.
The AGF has taken the appropriate steps to ensure the Order
takes firm roots. A Presidential Implementation Committee was
constituted to fashion out strategies and modalities for the
implementation of the Order in compliance with section 121(3) of
the Constitution of the Federal Republic of Nigeria, 1999 (as
Amended).
The committee has initiated meetings with the Nigerian Governors
Forum to agree on how the proposed financial autonomy for state
legislatures and judiciaries would be executed. The Order will not
succeed without the buy-in of the governors. The governors can
frustrate execution of the Order unless they are given incentives
not to. It is these incentives that are likely to be discussed
before the take-off of the Order.
There are indications that the governors, who initially rose
against the Order, may have softened their stance.
Malami may be an unassuming law officer, but the stride he’s
making shows he’s been underrated. If he pulls this through too,the
way he had done with others, there can be no doubt that he would
have helped tremendously to establish a legacy for the Buhari
Presidency.
Rogo writes from Kafanchan, Kaduna State.
By Simon Rogo
No Nigeria’s Attorney-General of the Federation and Minister of
Justice has been as underrated, and even as maligned as Abubakar
Malami. Yet, slowly but steadily, he is turning out to be the most
impactful chief law officer of the federation the country has ever
had.
After coming out with the legal instrument of the Nigeria
Financial Intelligence Unit (NFIU) which issued guidelines to
states in May 2019 on ensuring that funds allocated to local
governments go directly into their bank accounts, Buhari has now
signed Executive Order 10 granting financial autonomy to
legislature and judiciary in all the 36 states.
Malami said the executive 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).”
The AGF has explained the import of the Order as being geared
towards deepening democracy at the grassroots and ensuring
effective implementation of the doctrine of separation of powers.
This is hardly disputable. Indeed, the Order is simply an
implementation of the provision of the 1999 Nigerian Constitution
(as amended). Section 121(3) of the constitution says “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.” This is exactly what the Order has reinforced.
And there is no doubt that democracy as a system of government
cannot thrive where there is no separation of powers among the
three major arms of the government.
The framers of our constitution ensured that the doctrine of
separation of powers was captured in the constitution to prevent
one arm of the government, especially the executive, from becoming
too powerful. The system of separation of powers divides the tasks
of the state into those three branches so that no one institution
can become so powerful in a democracy as to destroy the system.
But our experience has shown that this doctrine has not been
respected by the political elites who dominate the other arms of
the government once they get executive powers. In many of the 36
states, the judiciary and especially the legislature have been at
the beck and call of the executive. Many former state governors
have lamented the lack of independence of state legislatures and
even judiciary, after they left office.
So, the Order, if enforced, would surely facilitate good
governance and more rapid development in states. The legislature
provides an essential contribution to the quality of a country’s
overall governance by adding value to government policy, initiating
people-centred policies independently of government, and enabling
policy to be translated into social reality by means of the laws
they make. On the hand, an independent judiciary would promote the
rule of law because it guarantees that judges would be free to
decide honestly and impartially, in accordance with the law and
evidence, without concern or fear of interference, control, or
improper influence from the executive.
But what is even more important for now, which makes the Order
relevant at this time, is the execution of Malami’s plan to
transform the judiciary into a more efficient and technology-driven
institution. Malami, in consultation with all relevant
stakeholders, had worked out how to cover lost grounds and digitize
judicial functions in view of the covid-19 pandemic.
The AGF has rolled out measures for the transformation of the
judiciary to enable it respond adequately and effectively to the
new normal. While announcing the Order, Malami 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 Courts.”
Without an effective legal check on the executive, this proposed
upgrade of judiciary infrastructure may never see the light. The
Order has empowered the judiciary in the states for more efficient
delivery of justice, and would hasten the execution of the
envisaged turn-around for the justice system.
The AGF has taken the appropriate steps to ensure the Order
takes firm roots. A Presidential Implementation Committee was
constituted to fashion out strategies and modalities for the
implementation of the Order in compliance with section 121(3) of
the Constitution of the Federal Republic of Nigeria, 1999 (as
Amended).
The committee has initiated meetings with the Nigerian Governors
Forum to agree on how the proposed financial autonomy for state
legislatures and judiciaries would be executed. The Order will not
succeed without the buy-in of the governors. The governors can
frustrate execution of the Order unless they are given incentives
not to. It is these incentives that are likely to be discussed
before the take-off of the Order.
There are indications that the governors, who initially rose
against the Order, may have softened their stance.
Malami may be an unassuming law officer, but the stride he’s
making shows he’s been underrated. If he pulls this through too,the
way he had done with others, there can be no doubt that he would
have helped tremendously to establish a legacy for the Buhari
Presidency.
Rogo writes from Kafanchan, Kaduna State.