Judicial Autonomy: Lawyer Drags 36 States To Court, Seeks Order Directing FAAC To Pay Monies Directly To Heads Of Courts

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The crisis over the implementation of financial autonomy for the
judiciary has metamorphosed into a lawsuit against the Revenue
Mobilisation Allocation and Fiscal Commission (RMAFC) and the 36
States of the federation.

The Judicial Staff Union of Nigeria (JUSUN) had embarked on a
national strike leading to the closure of Nigerian courts for two
months over the issue.

Others joined in the legal battle as defendants are the
Federation Account Allocation Committee (FAAC) and the Attorney
General of the Federation (AGF).

In his originating summons dated June 18, the plaintiff, Emeka
Okoye, an Abuja-based legal practitioner, sued the 36 States
through their Attorneys General.

The summons has commanded all the defendants to enter their
appearance in court within 30 days upon service of the originating
process.

In the suit, the plaintiff, through his counsel, Chief Oba
Maduabuchi, is seeking an order of the Federal High Court,
“directing the Federation Account Allocation Committee (2nd
defendant) to henceforth pay directly all monies standing to the
credit of the judiciary to the National Judicial Council (NJC).

The plaintiff is further praying for ‘an order directing the
Accountant General of each state of the federation to pay directly
to each head of court in the state, all such fund standing to the
credit of the judiciary in the Consolidated Revenue Fund of the
state.

In arriving at the proposed orders, the court is asked to
determine the following questions of law: ‘Whether by the
provisions of sections 121 (1), (2) and (3) of the 1999
constitution of the Federal Republic of Nigeria (as amended), it is
proper for the state governor to include the budgetary expenditure
of the judiciary in the state which is charged upon the
Consolidated Revenue Fund of the state in the budgetary estimates
the governor presents to the state House of Assembly?

‘Whether by the provisions of section 121 (3) of the 1999
Constitution of the Federal Republic of Nigeria(as amended), it is
proper to pay funds standing to the credit of the judiciary in the
state to any other person or authority outside the heads of court
in the various states as directed by section 121(3) of the 1999
constitution?

‘Whether by the community reading of sections 81(3), 121(3) and
162(9) of the 1999 constitution of the Federal Republic of
Nigeria(as amended), the Federation Account Allocation Committee is
right in paying the fund standing to the credit of the judiciary to
various state governors and not National Judicial Council as
directed by the above sections of the constitution?

In a 19-paragraphs affidavit in support of the suit, the
plaintiff deposed to the fact that the 1999 constitution is the
grand norm upon which all laws and actions of governments and
agencies derive their powers and authority.

That Nigeria upon independence adopted a Federal system of
government with three tiers of government Federal, State and Local
Governments and three arms of government, Executive, Legislature
and Judiciary.

Okoye further deposed to the fact that the 1999 constitution
created ten courts both for the federation and the 36 States.

That the same constitution made various provisions for the
disbursements of funds due to the judiciary from the federation
account to be paid directly to the National Judicial Council and
not any other person or authority.

That the constitution equally makes provisions for how funds
standing to the credit of the judiciary from the consolidated funds
in the states are to be disbursed and they are to be paid directly
to the various heads of courts of the various states.

That the defendants hitherto paid the monies due to the
judiciary to the governors of the 36 States instead of the National
Judicial Council and heads of court in the states.

That the direct payment of the fund due to the judiciary to the
governors of the 36 States is against the spirit and letters of the
1999 constitution.

That the NJC is the only body authorised by the constitution to
receive and distribute funds due to the judiciary either in states
or the federal courts for their capital and recurrent
expenditures.

No date has been fixed for the hearing of the matter.