Govs Propose Monthly Payment to State Judiciaries

Governors of the 36 states of the federation have proposed a
novel idea to resolve the impasse over the implementation of the
constitutional provisions that grant financial autonomy to state
judiciaries and legislatures, According to Thisday
reports^[1].

The impasse triggered the ongoing indefinite strike by judicial
workers, which began on April 6, to press for the implementation of
the law.

The governors, in a report by a committee, chaired by Sokoto
State Governor, Hon. Aminu Tambuwal, and which was set up by
Nigeria Governors’ Forum (NGF), proposed the payment of a minimum
irreducible amount monthly to the two arms of government in each
state for their operations as against the constitutional provisions
for funds due to the judiciary and the legislature in each state to
be on a first-line charge.

Following the failure of state governors to implement section
121 (3) of 1999 Constitution as amended, which makes votes for
state judiciaries and legislatures a first-line charge on the
consolidated revenue, President Muhammadu Buhari had signed
Executive Order 10 to enforce the constitution.

But the governors resisted the order as well as three separate
court judgments that declared their action unconstitutional.
THISDAY gathered at the weekend that a copy of the proposal was
presented to the Chief of Staff to the President, Prof. Ibrahim
Gambari, last week.

The governors are also expected to meet today with Gambari to
discuss the details.
The governors, it was learnt, will also meet with speakers of state
Houses of Assembly later today and hold a final engagement tomorrow
with the Minister of Labour and Employment, Senator Chris
Ngige.

Section 121 (3) of the 1999 Constitution as amended, grants
financial autonomy to state judiciaries, stating: “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.”

Courts have also affirmed it in suits involving the Judicial
Staff Union of Nigeria Vs National Judicial Council (NJC) and
Governors of the 36 states in Suit No. FHC/ABJ/CS/667/13; Olisa
Agbakoba Vs Federal Government of Nigeria, NJC and the National
Assembly in suit No.FHC/ABJ/CS/63/2013 and Olisa Agbakoba Vs
Attorney General of Ekiti State and two Others in Suit No.
NAD/56/2013.

Following the recalcitrance of the states, the Judicial Staff
Union of Nigeria (JUSUN) shut down the courts and embarked on a
strike.

But in the proposal, the governors said instead of direct
allocations to the state judiciaries and legislatures, a certain
minimum amount will be paid monthly to them for their operations. A
source told THISDAY at the weekend that the proposal was made to
end the ongoing strike by the judicial workers.

When asked if the governors had reached an agreement on how to
end the judiciary workers’ strike, the source said: “Yes, but that
would be finalised on Monday. We are meeting on Monday. The last
meeting became inconclusive because there was a report that had not
been sufficiently shared. So, everybody now has a copy, so they
will look at it. But I think all that will be resolved on
Monday.

“When you say agreement, basically, this goes back to the
autonomy of the judicial and legislative arms. So, the governors
have agreed to a monthly payment of an irreducible amount that
would help the judiciary service their operations.”

When asked if Gambari is involved in the meeting, the source
said: “Yes, he has been at the heart of all these. That interaction
will happen between the governors and the leadership of the
speakers on Monday in the morning.

“Then, in the afternoon, we have a meeting with the Chief of
Staff. Then, the next day (Tuesday), the entire team will meet with
the Minister of Labour, and I think that will end the whole thing,
except there is more to it.”

THISDAY had earlier reported that a technical report containing
the position of the governors had been submitted to Gambari, while
they awaited the return of the president from the foreign medical
trip for a final resolution of the issue.

The governors had also faulted Executive Order 10, describing it
as unconstitutional and full of inconsistencies.

A source had told THISDAY that the governors were still trying
to reach a consensus over the enforcement of the order. He added
that the governors had planned to approach the Supreme Court to
interpret certain provisions of the order but later shelved the
plan in order not to embarrass the federal government.

Governors of the 36 states of the federation have proposed a
novel idea to resolve the impasse over the implementation of the
constitutional provisions that grant financial autonomy to state
judiciaries and legislatures, According to Thisday
reports^[1].

The impasse triggered the ongoing indefinite strike by judicial
workers, which began on April 6, to press for the implementation of
the law.

The governors, in a report by a committee, chaired by Sokoto
State Governor, Hon. Aminu Tambuwal, and which was set up by
Nigeria Governors’ Forum (NGF), proposed the payment of a minimum
irreducible amount monthly to the two arms of government in each
state for their operations as against the constitutional provisions
for funds due to the judiciary and the legislature in each state to
be on a first-line charge.

Following the failure of state governors to implement section
121 (3) of 1999 Constitution as amended, which makes votes for
state judiciaries and legislatures a first-line charge on the
consolidated revenue, President Muhammadu Buhari had signed
Executive Order 10 to enforce the constitution.

But the governors resisted the order as well as three separate
court judgments that declared their action unconstitutional.
THISDAY gathered at the weekend that a copy of the proposal was
presented to the Chief of Staff to the President, Prof. Ibrahim
Gambari, last week.

The governors are also expected to meet today with Gambari to
discuss the details.
The governors, it was learnt, will also meet with speakers of state
Houses of Assembly later today and hold a final engagement tomorrow
with the Minister of Labour and Employment, Senator Chris
Ngige.

Section 121 (3) of the 1999 Constitution as amended, grants
financial autonomy to state judiciaries, stating: “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.”

Courts have also affirmed it in suits involving the Judicial
Staff Union of Nigeria Vs National Judicial Council (NJC) and
Governors of the 36 states in Suit No. FHC/ABJ/CS/667/13; Olisa
Agbakoba Vs Federal Government of Nigeria, NJC and the National
Assembly in suit No.FHC/ABJ/CS/63/2013 and Olisa Agbakoba Vs
Attorney General of Ekiti State and two Others in Suit No.
NAD/56/2013.

Following the recalcitrance of the states, the Judicial Staff
Union of Nigeria (JUSUN) shut down the courts and embarked on a
strike.

But in the proposal, the governors said instead of direct
allocations to the state judiciaries and legislatures, a certain
minimum amount will be paid monthly to them for their operations. A
source told THISDAY at the weekend that the proposal was made to
end the ongoing strike by the judicial workers.

When asked if the governors had reached an agreement on how to
end the judiciary workers’ strike, the source said: “Yes, but that
would be finalised on Monday. We are meeting on Monday. The last
meeting became inconclusive because there was a report that had not
been sufficiently shared. So, everybody now has a copy, so they
will look at it. But I think all that will be resolved on
Monday.

“When you say agreement, basically, this goes back to the
autonomy of the judicial and legislative arms. So, the governors
have agreed to a monthly payment of an irreducible amount that
would help the judiciary service their operations.”

When asked if Gambari is involved in the meeting, the source
said: “Yes, he has been at the heart of all these. That interaction
will happen between the governors and the leadership of the
speakers on Monday in the morning.

“Then, in the afternoon, we have a meeting with the Chief of
Staff. Then, the next day (Tuesday), the entire team will meet with
the Minister of Labour, and I think that will end the whole thing,
except there is more to it.”

THISDAY had earlier reported that a technical report containing
the position of the governors had been submitted to Gambari, while
they awaited the return of the president from the foreign medical
trip for a final resolution of the issue.

The governors had also faulted Executive Order 10, describing it
as unconstitutional and full of inconsistencies.

A source had told THISDAY that the governors were still trying
to reach a consensus over the enforcement of the order. He added
that the governors had planned to approach the Supreme Court to
interpret certain provisions of the order but later shelved the
plan in order not to embarrass the federal government.