President Muhammadu Buhari has signed into law, an Executive Order number 10 of 2020 for the implementation of Financial Autonomy of State Legislature and StateJudiciary Order, 2020.
This is contained in a statement by Dr Umar Jibrilu Gwandu, Special Assistant on Media and Public Relations in the Office of the Attorney-General of the Federation and made available to newsmen in Abuja today, May 22.
The statement said that a Presidential Implementation Committee was constituted to fashion out strategies and modalities for the implementation of financial autonomy for the State Legislature and State Judiciary in compliance with section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended); taking intoconsiderations all other applicable laws, instruments, conventions and regulations, which provides for financial autonomy at the State tierof Government.
According to the statement, the implementation of financial autonomy of the State Legislature and State Judiciary will strengthen the institutions at the State tier of Government and make them more independent and accountable in line with the tenets of democracy asenshrined by the Constitution of the Federal Republic of Nigeria 1999(as Amended).
The President signed the Executive Order number 10 into law based on the power vested in him as the President of the Federal Republic of Nigeria under Section 5 of the Constitution of the Federal Republic ofNigeria 1999 (as Amended), which extends to the execution and maintenance of the Constitution, laws made by the National Assembly (including but not limited to Section 121(3) of the 1999 Constitution(as Amended), which guarantee financial autonomy of the StateLegislature and State Judiciary.
The Order Provides that “The Accountant-General of the Federation shall by this Order and such any other Orders, Regulations orGuidelines 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 forthe 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)”.
Based on the Executive Order at the commencement of this Order for implementation of financial autonomy for State Legislature and State Judiciary in line with section 121(3) of the 1999 Constitution of the Federal Republic of Nigeria (as Amended), all States of the Federation shall include the allocations of the two Arms of Government in theirAppropriation Laws.
Article 6 (1) provides that “notwithstanding the provisions of thisExecutive Order, in the first three years of its implementation, thereshall be special extraordinary capital allocations for the Judiciaryto undertake capital development of State Judiciary Complexes, HighCourt Complexes, Sharia Court of Appeal, Customary Court of Appeal andCourt Complexes of other Courts befitting the status of a Courts.”
