₦airaland Forum

adamsmith914:
It must be there, if not the Supreme Court would have ruled otherwise.

Let him tell us

do4luv14:
what does that order meant, cos if they are free, who then pay their salaries, and might you, judgement might be for the highest bidder

Before,states pay them whenever they like and can refuse to pay.the order says their salaries will be deducted directly from state allocations by fg and paid like how nass, supreme court are paid

fergie001:
It cannot work via Executive Bill. It falls under Section 9 of the 1999 Constitution.

You need four-fifths members of each of the Senate & House of Reps AND two-thirds of the 36 State Houses of Assemblys (i.e. 24) to agree.

Will the Govs allow their puppets assent to it?

It doesn't require four fifth.only section 8,9 abf chapter 4 requires that

garfield1:
Before,states pay them whenever they like and can refuse to pay.the order says their salaries will be deducted directly from state allocations by fg and paid like how nass, supreme court are paid

OH I now understand, but that order too is risky, it gave the FG some kinda power over the Judiciary

do4luv14:
OH I now understand, but that order too is risky, it gave the FG some kinda power over the Judiciary

No,it doesn't.they will not be under any control

garfield1:
No,it doesn't.they will not be under any control

hmmm it is well sha

garfield1:
Which part of the constitution gave the Governors that power?

EO 10 is an attempt by the President to enforce Section 121(3) of the 1999 Constitution (as amended) (which provides greater financial autonomy to States’ Judiciary and Legislature) by purporting inter alia to:

a. make allocation to the State Legislature and Judiciary a first line charge on each State’s Consolidated Revenue Fund (CRF);

b. empower the Accountant General of the Federation to withhold from source the funds of any State that refuses to comply with the said Section 121(3);

c. compel each State Government to create Committees for the enforcement of the Order; (Is this not ultra-vires the powers of the President?)

d. compel each State Judiciary to create its budget committee for the enforcement of the Order; (Does the President have the power to compel State Judiciary arms?)

e. mandate in its first three years of being in force “special extraordinary capital allocations for State Judiciary to undertake capital development” of its Complex and Court complexes;

f. create a Presidential Implementation Committee and mandating the Accountant General of the Federation to take appropriate steps to ensure compliance with the Order.


I had to reproduce the EO10:
Firstly Part II of the Constitution demonstrates Powers of the State House of Assembly which we know the FG has little business with...that is where you can find 121(3).

The President meant well but he cannot override the Constitution, but if he wanted people he could compel..the APC has majority of the Governors he should have lobbied from there.

Sections 6, 80, 81, 120, 121 of the 1999 Constitution can help.

GardenOfGod:
Wonderful... So many policies of this government have sent this country 100 years backward.

I doubt if Bubu read and understood the Executive Order he signed.

Malami the Justice Minister is using Buhari's deafness to his advantage but to the detriment of the country's progress. Tweeeeh!!!

This particular one was a right policy to give State Judiciary financial autonomy by forcing the hands of their governors... unfortunately, as expected, this doesn't sit well with the governors. State Judiciary will have to get this by force on their own

garfield1:
It doesn't require four fifth.only section 8,9 abf chapter 4 requires that

Altering of the Constitution comes under which section?

It cannot work via Executive Bill. It falls under Section 9 of the 1999 Constitution.

You need four-fifths 2/3 members of each of the Senate & House of Reps AND two-thirds of the 36 State Houses of Assemblys (i.e. 24) to agree.

Justices Musa Dattijo Muhammed (Panel Chair), Centus Chima Nweze (lead Judgement), Ejembi Eko, Helen Ogunwumiju, Adamu Jauro, Emmanuel Agim.

Dissent: Uwani Abba Aji

NOwazobia:
He is using the Islamic Constitution which supercedes our National Constitution.

Religious fanatics them , must u bring religion everywhere??

flemsy15:
36 states against the FG? That's some level of unity there amongst the states putting aside their party differences

That's because they are all united in manipulation of the Judiciary and Legislature at the state levels. They are the ones that decide which judge gets official vehicle or official residence and who gets appointed to th bench, the judges are therefore obligated to them Exec order 10 sought to change that and give independence to the Judiciary.

I'm guessing the idiots who claimed the CJ is a pawn of Buhari and FG can cool off now, under this particular CJ has most judgement have gone against APC and or FG. Tanko even gave a clap-back to Malami some days ago.

fergie001:
Altering of the Constitution comes under which section?

Oga,don't confuse yourself.only the aforementioned parts need four fifth,the rest requires two third

Ellasure:
Great, for the rule of law in Nigeria.

There is still hope.

You mean the governors controlling the Judiciary in their states is good for rule of law, I thought you lot were screaming your lungs out about true federalism, exec order 10 was put in place to ensure the Judiciary is independent

fergie001:
EO 10 is an attempt by the President to enforce Section 121(3) of the 1999 Constitution (as amended) (which provides greater financial autonomy to States’ Judiciary and Legislature) by purporting inter alia to:

a. make allocation to the State Legislature and Judiciary a first line charge on each State’s Consolidated Revenue Fund (CRF);

b. empower the Accountant General of the Federation to withhold from source the funds of any State that refuses to comply with the said Section 121(3);

c. compel each State Government to create Committees for the enforcement of the Order; (Is this not ultra-vires the powers of the President?)

d. compel each State Judiciary to create its budget committee for the enforcement of the Order; (Does the President have the power to compel State Judiciary arms?)

e. mandate in its first three years of being in force “special extraordinary capital allocations for State Judiciary to undertake capital development” of its Complex and Court complexes;

f. create a Presidential Implementation Committee and mandating the Accountant General of the Federation to take appropriate steps to ensure compliance with the Order.


I had to reproduce the EO10:
Firstly Part II of the Constitution demonstrates Powers of the State House of Assembly which we know the FG has little business with...that is where you can find 121(3).

The President meant well but he cannot override the Constitution, but if he wanted people he could compel..the APC has majority of the Governors he should have lobbied from there.

Sections 6, 80, 81, 120, 121 of the 1999 Constitution can help.

Those governors are power hungry and would never do such, they are united with their PDP and APGA counterparts in ensuring any form of true federalism ever saw the light of day, remember how they all trooped to Abuja to attempt to force the hand of the president over LG allocations, and the judicial workers issues amongst others, they were attempting to convince the president to move the APC convention just last week, the likes of Akeredolu who is a SAN is amongst them.

All the noise they make on national TV is just audio in the private they are united in their corruption.

Remember it was Aregbe that recoded and leaked that audio in the gov forums meeting years ago when GEJ and Ameachi were at it, really exposed the kind of mago mago that goes on in those clandestine meetings

garfield1:
Oga,don't confuse yourself.only the aforementioned parts need four fifth,the rest requires two third

At least you understand, that's what matters.
Two-thirds all through.....Thank You.

fergie001:
EO 10 is an attempt by the President to enforce Section 121(3) of the 1999 Constitution (as amended) (which provides greater financial autonomy to States’ Judiciary and Legislature) by purporting inter alia to:

a. make allocation to the State Legislature and Judiciary a first line charge on each State’s Consolidated Revenue Fund (CRF);

b. empower the Accountant General of the Federation to withhold from source the funds of any State that refuses to comply with the said Section 121(3);

c. compel each State Government to create Committees for the enforcement of the Order; (Is this not ultra-vires the powers of the President?)

d. compel each State Judiciary to create its budget committee for the enforcement of the Order; (Does the President have the power to compel State Judiciary arms?)

e. mandate in its first three years of being in force “special extraordinary capital allocations for State Judiciary to undertake capital development” of its Complex and Court complexes;

f. create a Presidential Implementation Committee and mandating the Accountant General of the Federation to take appropriate steps to ensure compliance with the Order.


I had to reproduce the EO10:
Firstly Part II of the Constitution demonstrates Powers of the State House of Assembly which we know the FG has little business with...that is where you can find 121(3).

The President meant well but he cannot override the Constitution, but if he wanted people he could compel..the APC has majority of the Governors he should have lobbied from there.

Sections 6, 80, 81, 120, 121 of the 1999 Constitution can help.

Oga,it is the same thing I was saying that no part of the constitution states that states will fund the legislature.the
Problem was in the manner the order was made and the acc general enforcing it...you yourself said the constitution encourages greater financial autonomy.the supreme court has ruled in favour of lg autonomy.has thee states respected it? The fg should simply go ahead and enforce the first line charge just as they did in lg case and let us see what the apex court will do

Where does the constitution say so?

fergie001:
This is because it hits them hard.

It was a one-way judgement.
The Constitution places State High Courts & Houses of Assembly under the purview of the State Executive.

Again, you know our 36 Emperors and what they are best at doing.

Don't tell me Buhari knows about this and no Nigerian politician is0 honorable. I can't believe someone like Osinbajo will be part of these wolf pack.

garfield1:
Oga,it is the same thing I was saying that no part of the constitution states that states will fund the legislature.the
Problem was in the manner the order was made and the acc general enforcing it...you yourself said the constitution encourages greater financial autonomy.the supreme court has ruled in favour of lg autonomy.has thee states respected it? The fg should simply go ahead and enforce the first line charge just as they did in lg case and let us see what the apex court will do

At least you understand like I highlighted above.....The Judgement has been made and it is the right one.

In typical fashion, this Court has once again placed form before substance. The spirit of our constitution calls for a separation of the arms of government. That as I understand it, is the rationale for executive order 10. Surely the court could have fashioned a means to salvage the order. This is an opportunity that state judiciaries and legislature will not have again. What a loss!

fergie001:
SOURCE


PREVIOUS THREADS;
https://www.nairaland.com/6787072/supreme-court-reserves-judgment-suit#106462031

https://www.nairaland.com/5913428/executive-order-10-buhari-bows#90469969

https://www.nairaland.com/6159604/executive-order-10-real-reasons#94592246

garfield1:
Oga,it is the same thing I was saying that no part of the constitution says that states will fund the legislature.

...but we know by virtue of the Law of a House of Assembly they are beneficiaries in the State funds. We also know this is authorized by the Governor, don't we?

Problem was in the manner the order was made and the acc general enforcing it...

At least you can now agree that the SC was right.

You yourself said the constitution encourages greater financial autonomy.the supreme court has ruled in favour of lg autonomy.has thee states respected it?

You sound like I support the Govs.
Anybody who has been on NL long enough know that I loathe the Govs more than I do the President but we have no choice until we start focusing on aspects of the 1999 Constitution that we need to do away with, especially these ones.

The FG should simply go ahead and enforce the first line charge just as they did in LG case and let us see what the apex court will do

I am no Party to disobeying court order.

Did the Constitution empower them to enforce it? The enforcement should ordinarily lie with the House of Assembly of the State, not the FG. Go and read S.121 again.

HermitSparrx:
Where does the constitution say so?

I edited same......The States Legislature & Judiciary arms are beneficiaries of the CRF of the States..which the Gov authorizes.

fergie001:
“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, authorise 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).”

Buhari's Order 10 expressly directs the Accountant-General of the Federation to deduct money for State Legislatures and Courts from Source.

It is unconstitutional because State Govs should have that responsibility.


By directing the Accountant-General of the Federation to do same, it seem to usurp the responsibility of States Govs.

It is not a judgement that should elicit excitement but it clearly violates provisions of the Constitution.

you are getting it all wrong. the keyword is "that fails". the AGF is to deduct the allocation of the judiciary and legislature from states that refuse to remit these money's. it means if a governor fails to remit the allocation of the judiciary and legislature to them for one reason or the other, the AGF will deduct the said amount from the state allocation and give to the judiciary and legislature directly. for example, a state with APC legislature and PDP governor. the governor may want to intimidate the legislature by withholding funds.

Misterone:
you are getting it all wrong. the keyword is "that fails". the AGF is to deduct the allocation of the judiciary and legislature from states that refuse to remit these money's. it means if a governor fails to remit the allocation of the judiciary and legislature to them for one reason or the other, the AGF will deduct the said amount from the state allocation and give to the judiciary and legislature directly. for example, a state with APC legislature and PDP governor. the governor may want to intimidate the legislature by withholding funds.

Does the FG have that power?

No, they don't.

fergie001:
It cannot work via Executive Bill. It falls under Section 9 of the 1999 Constitution.

You need four-fifths 2/3 members of each of the Senate & House of Reps AND two-thirds of the 36 State Houses of Assemblys (i.e. 24) to agree.

Will the Govs allow their puppets assent to it?

We're not just ready for democracy in Nigeria.

HermitSparrx:
In typical fashion, this Court has once again placed form before substance. The spirit of our constitution calls for a separation of the arms of government. That as I understand it, is the rationale for executive order 10. Surely the court could have fashioned a means to salvage the order. This is an opportunity that state judiciaries and legislature will not have again. What a loss!

The Court did nothing but interprete the Constitution. They didn't write it themselves.

It is left for the lawmakers to begin the process of amendment ASAP.

Indispensable85:
We're not just ready for democracy in Nigeria.

Na small small.

I wish VAT law favour the state by supreme Court judgement on may 6

garfield1:
It was actually a bad judgment

How ? In what way was it bad? The issue is not whether that is a good thing to do but whether the President has the power to do it


The end does not always justify the means

What the president did with that order was to legislate.

He does not have the power to do that.

To achieve that objective which is not a bad one due process must be followed.

We cannot have the president making laws unilaterally

Are you then suggesting that the Supreme Court erred in their unanimous judgment?

adioolayi:
This particular one was a right policy to give State Judiciary financial autonomy by forcing the hands of their governors... unfortunately, as expected, this doesn't sit well with the governors. State Judiciary will have to get this by force on their own

Does that mean the fed has won? Did you read where the states wanted a refund?

Golan007:
Did you read where it said there'll be no refund to the states?