Buhari’s Executive Order 10 On Judicial Autonomy Unnecessary, Ill-Advised — Governors’ Forum

*Says We ‘re committed to the autonomy of the judiciary and
legislature

The Nigeria Governors’ Forum (NGF) has faulted the Executive
Order 10 issued in 2020 by President Muhammadu Buhari that
guaranteed the financial autonomy of state legislature and
judiciary.

The Forum said that the Executive Order 10 was needless to
ostensibly support implementation of financial autonomy for the
judiciary and legislature, saying President Buhari was ill-advised
on the issue.

The NGF Vice Chairman and Governor of Sokoto, Dr. Aminu Tambuwal
made this known in Ado-Ekiti, on Wednesday during a Colloquium
organised by the Ekiti State Ministry of Justice Academy, in honour
of the retiring Chief Judge of the State, Justice Ayodeji
Daramola.

Speaking on the theme entitled: “The Judicial Autonomy:
Perspective of the Nigerian Governor Forum”, Tambuwal said that the
Forum expected President Buhari to have consulted widely before
issuing the order, saying exercising such powers unilaterally was
‘sheer illegality’.

The governor clarified that the states’ governors were not
opposed to financial autonomy for these arms of government, saying
the delay in implementation was as a result of process, structure
and quest for legal clarity.

He said: “Nigeria in Section 121(3) provides that: “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.”

“As Governors of the 36 States under the platform of the Nigeria
Governors’ Forum (NGF), let me state very clearly that we are
unequivocally committed to the autonomy of the judiciary and the
legislature.

“The recent misunderstanding on the financial autonomy of the
Judiciary is predicated on the need to establish an implementation
framework to the 4th Alteration of the 1999 Constitution of the
Federal Republic of Nigeria in Section 121(3). What we have
questioned, and we have made this known at every opportunity, is
the process of implementing this provision of the Constitution.

“As Governors, we will be failing in our responsibility if we
refuse to draw the attention of the President, stakeholders and the
country to grave concerns about the constitutionality of Executive
Order 10 of 2020. That was the basis of the position that we took
on the Executive Order 10.

“The Executive Order 10 ostensibly intended to support the
implementation of judicial financial autonomy, was completely
unnecessary and ill advised. Let me at this juncture state clearly
that we never questioned the right of Mr. President to issue
Executive Orders. We only stated that Section 121(3) did not
require Presidential Executive Fiat to become implementable.

Tambuwal expressed delight that consensus has finally been
reached on the autonomy conundrum and opined that the strike is
expected to be suspended anytime soon.

“The agreement allows a period of 45 days for implementation
structures to be put in place across States including the enactment
of a Fund Management Law which will grant the Judiciary the power
to manage its capital and recurrent expenditures in accordance with
the provisions of constitution.

“Budgetary releases to the judiciary will be pro-rated based on
the actual revenues recorded each month by the State government.
Monthly revenue reconciliation and allocation will be presided over
by a State Account Allocation Committee (SAAC) to be set up under
the Fund Management Law – a similar practice to what we have at the
federal level.

“We hope that this will put an end to the long weeks of strike
action that have seen our judicial and criminal justice system
grounded to a halt. We have lost so much in the past weeks. The big
takeaway is the centrality of communication, sincerity, trust and
dialogue.

“We have requested that the President disbands the Presidential
Implementation Committee on the Autonomy of State Legislature and
Judiciary, to avert future rancor between the various arms of
government, arising from misconceived guidance from a committee
lacking the requisite understanding of constitutional matters.”

Corroborating Tambuwal’s position, the Governor of Ekiti State,
Kayode Fayemi, said that the Presidential directive was
unconstitutional illegal as it undermined the executive power of
the governors stipulated in the 1999 constitution.

Fayemi said that the states’ governors are committed to
financial autonomy for the legislature and judiciary, saying that
‘democracy can’t endure if we subject the independence of these two
arms to the jackboots of the governors’.

“Who is to take capital spending for the judiciary and
legislature has always been the controversy. The governors will
continue to hold our judiciary with reverence, because In know that
this democracy will not endure, if we subject our judiciary to the
jackboots of the executive.

“There is no questioning the fact that we can do a lot more for
our judiciary to make it truly independent,” he added.

In his submission, the CJ of Ekiti State, Justice Ayodeji
Daramola, said judicial autonomy was essential ingredients for
democratic consolidation.

He added further that judicial autonomy was adequately
guaranteed in the 1999 constitution, saying section 121 (3) was
simple and should be respected by state governors.

*Says We ‘re committed to the autonomy of the judiciary and
legislature

The Nigeria Governors’ Forum (NGF) has faulted the Executive
Order 10 issued in 2020 by President Muhammadu Buhari that
guaranteed the financial autonomy of state legislature and
judiciary.

The Forum said that the Executive Order 10 was needless to
ostensibly support implementation of financial autonomy for the
judiciary and legislature, saying President Buhari was ill-advised
on the issue.

The NGF Vice Chairman and Governor of Sokoto, Dr. Aminu Tambuwal
made this known in Ado-Ekiti, on Wednesday during a Colloquium
organised by the Ekiti State Ministry of Justice Academy, in honour
of the retiring Chief Judge of the State, Justice Ayodeji
Daramola.

Speaking on the theme entitled: “The Judicial Autonomy:
Perspective of the Nigerian Governor Forum”, Tambuwal said that the
Forum expected President Buhari to have consulted widely before
issuing the order, saying exercising such powers unilaterally was
‘sheer illegality’.

The governor clarified that the states’ governors were not
opposed to financial autonomy for these arms of government, saying
the delay in implementation was as a result of process, structure
and quest for legal clarity.

He said: “Nigeria in Section 121(3) provides that: “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.”

“As Governors of the 36 States under the platform of the Nigeria
Governors’ Forum (NGF), let me state very clearly that we are
unequivocally committed to the autonomy of the judiciary and the
legislature.

“The recent misunderstanding on the financial autonomy of the
Judiciary is predicated on the need to establish an implementation
framework to the 4th Alteration of the 1999 Constitution of the
Federal Republic of Nigeria in Section 121(3). What we have
questioned, and we have made this known at every opportunity, is
the process of implementing this provision of the Constitution.

“As Governors, we will be failing in our responsibility if we
refuse to draw the attention of the President, stakeholders and the
country to grave concerns about the constitutionality of Executive
Order 10 of 2020. That was the basis of the position that we took
on the Executive Order 10.

“The Executive Order 10 ostensibly intended to support the
implementation of judicial financial autonomy, was completely
unnecessary and ill advised. Let me at this juncture state clearly
that we never questioned the right of Mr. President to issue
Executive Orders. We only stated that Section 121(3) did not
require Presidential Executive Fiat to become implementable.

Tambuwal expressed delight that consensus has finally been
reached on the autonomy conundrum and opined that the strike is
expected to be suspended anytime soon.

“The agreement allows a period of 45 days for implementation
structures to be put in place across States including the enactment
of a Fund Management Law which will grant the Judiciary the power
to manage its capital and recurrent expenditures in accordance with
the provisions of constitution.

“Budgetary releases to the judiciary will be pro-rated based on
the actual revenues recorded each month by the State government.
Monthly revenue reconciliation and allocation will be presided over
by a State Account Allocation Committee (SAAC) to be set up under
the Fund Management Law – a similar practice to what we have at the
federal level.

“We hope that this will put an end to the long weeks of strike
action that have seen our judicial and criminal justice system
grounded to a halt. We have lost so much in the past weeks. The big
takeaway is the centrality of communication, sincerity, trust and
dialogue.

“We have requested that the President disbands the Presidential
Implementation Committee on the Autonomy of State Legislature and
Judiciary, to avert future rancor between the various arms of
government, arising from misconceived guidance from a committee
lacking the requisite understanding of constitutional matters.”

Corroborating Tambuwal’s position, the Governor of Ekiti State,
Kayode Fayemi, said that the Presidential directive was
unconstitutional illegal as it undermined the executive power of
the governors stipulated in the 1999 constitution.

Fayemi said that the states’ governors are committed to
financial autonomy for the legislature and judiciary, saying that
‘democracy can’t endure if we subject the independence of these two
arms to the jackboots of the governors’.

“Who is to take capital spending for the judiciary and
legislature has always been the controversy. The governors will
continue to hold our judiciary with reverence, because In know that
this democracy will not endure, if we subject our judiciary to the
jackboots of the executive.

“There is no questioning the fact that we can do a lot more for
our judiciary to make it truly independent,” he added.

In his submission, the CJ of Ekiti State, Justice Ayodeji
Daramola, said judicial autonomy was essential ingredients for
democratic consolidation.

He added further that judicial autonomy was adequately
guaranteed in the 1999 constitution, saying section 121 (3) was
simple and should be respected by state governors.