From Godwin Tsa, Abuja
In a split decision of six to one, the Supreme Court yesterday declared President Muhammadu Buhari’s Executive Order 10, 2020, which granted financial autonomy to the judiciary at the state level as illegal and unconditional. The majority decision adopted the expert opinion of two Senior Advocates of Nigeria (SAN); Musibau Adetunbi and Muhmud Magaji who were part of the legal experts invited by court as amicus curiae (friends of the court) to advice it on the question of law. Others equally invited by the apex court as amicus curiae were Chief Awomolo Adegboyega (SAN); Chief Sabastine Hon (SAN) and Olisa Agbakoba (SAN).
To receive the judgment of the court on behalf of the 36 state governors was Mr. Pual Ogbole (SAN). In another split decision of four to three, the apex court however, held that the Federal Government cannot be compelled to provide funding for the capital and recurrent expenditures of superior courts in the 36 states. It specifically held that it is the responsibility of the states and not that of the federal government, to fund both capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of their respective states.
In addition, the apex court further rejected the request by the governors to get a refund of N66 billion from the Federal Government being the sum spent on maintenance of courts in their domain. Justice Musa Datitjo who rendered the majority judgment on the issue of funding was supported by Justices Centus Nweze, Helen Ogunwumiju and Abba-Aji, who asked the state governors to provide funding for both capital and recurrent expenditures of the courts. In the judgment prepared by Justice Musa Datijo but read by Justice Centus Nweze, the Supreme Court declared the Executive Order 10 as “unconstitutional.”
Justice Ditajo held 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,” Justice Mohammed said in the lead majority judgment.
However, in her dissenting judgment, Justice Abba-Aji, held that President Buhari’s issuance of Executive Order 10 in 2020 was constitutional, owing to the “hanky-panky by state governors against the independence and financial autonomy of state judiciaries.
President Buhari had in the Executive Order he signed on May 22, 2020, made it mandatory for all states to include allocations of both the Legislature and the Judiciary in their Appropriation Laws, in compliance with section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).