₦airaland Forum

On Friday, the Supreme Court of Nigeria in a split decision voted 6-1 to nullify Executive Order 10 through which the Federal Government of Nigeria had sought in 2019, to give effect to Section 81 (3) and Section 121(3) of the 1999 Constitution, as altered by the 4th Alteration Act No. 4 of 2017, with regard to the financial autonomy of state judiciary and legislature which had been observed more in the breach by state governments and their Chief Executives. The Governors of the 36 states of the Federation had kicked against the Executive Order as an abbreviation of their rights under the 1999 Constitution. Collectively they elected to go to court, and hence asked the Court (a) to declare the Executive Order 10, unconstitutional and illegal; (b) compel the Federal Government to take up funding of capital projects for State High Courts, Sharia Court of Appeal and Customary Court of Appeal, and (c) refund to the 36 states a sum of N66 billion, being amount which they claimed to have spent on capital projects for the three courts in their respective states. To resolve the matter, the Supreme Court in addition to its panel of seven Justices invited five Senior Advocates of Nigeria (SANs) as amici curiae (friends of the Court). On Friday, the court ruled 6-1 that the Executive Order 10 is ultra vires, unconstitutional, illegal, and therefore null, void and of no effect whatsoever. Their Lordships also resolved, 4-3 that the 1999 Constitution already expressly spells out the responsibility of the states and the Federal Government concerning the funding of the State High Courts, Sharia Court of Appeal and the Customary Court of Appeal, even if it is silent on capital projects. In sum, the Supreme Court rejected the request of the Attorney General of Abia State and 35 others with regard to the aforementioned (b) and (c) parts of their prayers.

Many commentators have so far tried to be diplomatic in their response to the ruling, but from the outcome as reported, it is not difficult to see that what the Supreme Court has done is to take a technical view of the matter and offer a strict interpretation of the Constitution, the powers of the President, the relationship between the states, and the limits of the Federal Government in the exercise of its powers as spelled out in the 1999 Constitution. Did the President of Nigeria actually act ultra vires? Justice Mohammed Dattijo, delivering the lead judgment declared that "This country is still a Federation and the 1999 Constitution it operates is a federal one. The Constitution provides a clear delineation of powers between the state and the Federal Government. The President has overstepped the limit of his constitutional powers by issuing the Executive Order 10. The country is run on the basis of the rule of law." Okay. The law is what the judge says it is. The powers of the various tiers of government are defined in Sections 4, 5, and 6 of the 1999 Constitution pursuant to the doctrine of the separation of powers. Executive powers are vested in the President in Sections 5, 130, 132, 148(1), 151 such that in general, the President of Nigeria is one of the most powerful executives in the world invested literally with the status of a constitutional monarch. In Section 130 (2), he is actually described as "the \Head of State, the Chief Executive of the Federation and Commander-in-chief of the Federation." The strong effect of the ruling by the Supreme Court in A.G. Abia and 35 ors vs. AG Federation is that there are limits to these powers, nonetheless.

By seeking to enforce and extend Section 121(3) of the 1999 Constitution, the President, in other words, encroaches on the right of state governments to receive money from the Federation Account on behalf of the state judiciary and legislature and transmit their share to them. Thus, the Federal Executive overreaches itself when it assumes it has the powers to strengthen Section 121(3) through what amounts to additional legislation. It is the duty of the legislative arm of government to make or amend laws under Section 6. EO 10 further amounts to an interpretation of the law by the Federal Government and that Executive arm of government acting as adjudicator. The powers in that regard belong to the judiciary under Section 6. So, while the EO 10 would have protected the judiciary against the rascality of state Governors riding roughshod over the judiciary and the legislature at the sub-national level, and the judiciary would have been a beneficiary of the order, their Lordships looked beyond benefit to the judiciary and took a strictly purist and technocratic view of the law. It would be wrong to assume that the judiciary has ruled against itself. If the Federal Government is allowed to overreach itself and the President permitted to usurp the functions of the legislature and the judiciary, that would be a prescription for anarchy and an endorsement of dictatorship.

The lead judgment emphasizes the rule of law, separation of powers, the limits of powers and the federal principle. I would like to see the state legislatures begin to perform their oversight functions, to call over-bearing Governors to order. The judgment has also been described as victory for the Governors. It is most ironic that these same Governors are benefiting from a principle they themselves do not respect, an emphasis on the rule of law they have no regard for. In various states, Nigerian Governors are worse than tyrants. They seek to control judges, bribe them, humiliate them and violate their independence and integrity. It will be recalled that in one state, Cross Rivers State to be specific, magistrates not too long ago - January 2021- carried placards and organized protests because their salaries had not been paid for 24 months and nothing had been done to provide them good working conditions. State Governors also intervene unnecessarily in the appointment of judges, and seek to compromise them. As for the State legislatures, state Governors preside over them remotely. They behave like messiahs with the control of everything else. State legislatures in Nigeria are in any case pathetic. The members behave like the Governors' houseboys, especially when the Governor's party has the majority in the House. I argue that although the 36 State Governors may have secured partial victory in the matter of EO 10 with the Federal Government, but they lack the right to claim any moral high ground.

The judex may never at any time go to court to sue the state Executive arm of government, that would be strange but the abuse of privilege by state Governors actually got so bad, that in 2015, the Judicial Staff Union of Nigeria (JUSUN) went on strike for two weeks. In 2020, they shut down the courts for 64 days. State Governments hurriedly signed a Memorandum of Action (MoA), the National Judicial Council also made an appeal before the strike was suspended. JUSUN asked for financial autonomy for the judiciary. The body insisted on compliance with the Constitutional provision which places the budgets of state judiciary as a first line charge on the Constitution. They have a point.. I would also like to see the state legislatures begin to perform their oversight functions, to call over-bearing Governors to order.

What the Governors do to Local governments is even worse. They rely on the powers of control conferred on the state government under Section 7 to render local councils totally ineffective. Governors decide on whether elections would hold at that level of government or not, and when they frustrate due process they appoint sole administrators or caretaker committees. They hide under the State-Local Government Joint Account and the associated committees to steal money meant for local councils. They get away with blue murder because nobody challenges them.

To put the matter in perspective, the Federal Government in 2019 introduced Executive Order 10 to correct the wrong being committed by the State Governors. It also introduced through the Nigeria Financial Investigation Unit (NFIU) a set of guidelines to ensure that state Governors would no longer withdraw monies meant for local council operations from the Joint Account (Section 162 (). Daylight robbery of local council resources is one of the reasons the local level of government is virtually dead. The big obstacle against the attempt by the Federal Government to enforce the fiscal autonomy of the local councils was again, the law. This is relatable to the minority judgment by Justice Uwani Abba-Aji who maintained that the EO 10 was in order "because of the hanky-panky and subterfuge played by state Governors against the independence and financial autonomy of state judiciary... This is not unconstitutional." There has been a tendency to play down this minority view.

Full excerpt: https://www.premiumtimesng.com/opinion/511654-supreme-court-and-executive-order-10-matters-arising-by-reuben-abati.html

Front page: Lalasticlala Mynd44

Most of the issues stem from a very flawed Constitution and the fact people expect Abuja to solve the local problems. The state legislatures are the major issue people ignore because they are obsessed with national solutions. State legislatures never veto the governor or pass any laws reigning in executive excess. If they did you wouldn't have as many issues.

"This country is still a Federation and the 1999 Constitution it operates is a federal one. The Constitution provides a clear delineation of powers between the state and the Federal Government. The President has overstepped the limit of his constitutional powers by issuing the Executive Order 10. The country is run on the basis of the rule of law."

The Executive Order was in order only that it ran contrary to the constitution.

State Judiciaries and Legislature need to be saved from mini tyrants who call themselves governors.

Penguin2:
The Executive Order was in order only that it ran contrary to the constitution.

State Judiciaries and Legislature need to be saved from mini tyrants who call themselves governors.

What specifically is stopping any state legislature from passing laws to address what Buhari doing? The Supreme Court clearly put the the ball in the court by citing federalism. Things like state elections dates and executives order 10 can be passed by the legislature. The reason they dont is lazy spineless yes men. They already control the purse.

Read below how they admit to being stooges on their own accord. Nigerian boot licking culture is the problem here. There's no set of laws that will fix these sort of beta males. We need rugged individuals who don't avoid conflict at all cost for harmony.

“When you pass a private bill such as this, governors would not likely give assent to the bill. This is the complaint we always receive from our colleagues in other states.

“For instance, the current assembly in Borno has passed about 25 bills, 20 are executive bills while five are private bills. But, only the 20 executive bills have been assented by the governor even as he promised to assent to the remaining five. We also have problems vetoing bills in order to avoid fracas with the executives.”

SPEAKER of Borno State House of Assembly,Hon. Abdulkarim Lawan

Neonspook:
What specifically is stopping any state legislature from passing laws to address what Buhari doing? The Supreme Court clearly put the the ball in the court by citing federalism. Things like state elections dates and executives order 10 can be passed by the legislature. The reason they dont is lazy spineless yes men. They already control the purse.

Read below how they admit to being stooges on their own accord. Nigerian boot licking culture is the problem here. There's no set of laws that will fix these sort of beta males. We need rugged individuals who don't avoid conflict at all cost for harmony.

You are right.

Or alternatively, any of our Senators or House of Reps Member can sponsor a bill to that effect.

But I’m sure they are more interested in clipping the wings of governors than sponsoring people oriented bills.

Penguin2:
You are right.

Or alternatively, any of our Senators or House of Reps Member can sponsor a bill to that effect.

But I’m sure they are more interested in clipping the wings of governors than sponsoring people oriented bills.

That would be a good idea. If Buhari was strategic then he could just repackage this executive order as an executive bill. If they dont just use the bully pulpit to shame them and explain the issue to the ignorant public. The legislatures are a major reason the country is messed up. I feel like the Governors could Mount a successful challenge to it again but never hurts to try.

Cross Rivers State to be specific, magistrates not too long ago - January 2021- carried placards and organized protests because their salaries had not been paid for 24 months and nothing had been done to provide them good working conditions. State Governors also intervene unnecessarily in the appointment of judges, and seek to compromise them.

Judges are nothing special. The three sets of government workers that get their paycheck on time and complete are security agencies because they have the guns and can walk out, Executives and state legislatures. Everyone else gets shafted because they're expendable.

"THE EX MILITARY GENERAL IS ALWAYS VIOLATING THE GENERAL PRINCIPLE, CONSIDERATION AND PRACTICE OF FEELINGS THINKINGS AND ACTIONS IN ALL HIS INTERACTIONS AND MOVEMENTS. THAT WAS WHY HE TOLD OBAMA HE DIDN'T LIKE BUREAUCRACY AND DOESN'T KNOW THAT BUREAUCRACY IS THE INTERNAL CONTROL CHECKS AND BALANCES BUILT FOR DEMOCRACY".

FROM ORISAORUNTO.