Senior lawyers on Saturday commended President Buhari for signing Executive Order 10.
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Those who spoke to The Nation, not TheNigeriaLawyer are a former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba, Femi Falana, Chief Felix Fahbohungbe, Abiodun Owonikoko and Ebun-Olu Adegboruwa, all Senior Advocates of Nigeria (SANs).
According to Agbakoba, the new Executive Order 10 will ensure a balanced federation with distribution of powers.
“I support the decision of the president on the grant of financial independence to the judiciary and it accords with the notion of separation of powers.
“More importantly, it implements the decision in Olisa Agbakoba Vs the Attorney-General where the court decided that judicial funding is beyond the scope of powers of the executive.
“We have all called for a balanced federation with distribution of powers. So, perhaps we are beginning to see that process unfold”, Agbakoba said
For Falana the Order will go a long way in consolidating democracy and strengthening the independence of the judiciary and legislature at the state level.
Section 121 of the 1999 Constitution, according to him, has already granted financial autonomy to the judiciary but government refused to comply with the injunction.
“President Buhari had to make the Executive Order mandating the Accountant- General of the Federation to deduct the fund for the budget of the judiciary and pay it into the account nominated by the head of each court.
“The fund for the legislature will also be deducted in like manner and pay to the house through the Speaker,” the activist-lawyer said
He recalled that two judgments of the Federal High Court which upheld the Judiciary’s power to control and manage its own budget were ignored by the executive.
“Hence the Constitution was amended in 2017 to put the budget of the judiciary on first line charge. The amendment also sought to grant financial independence to the legislature in all the states of the federation. The amendment was equally treated with contempt.
Fagbohungbe noted that President Buhari acted in line with the 1999 Constitution as regards separation of powers and cautioned against abuse by the states.
His words: “I support and commend him for that. I would be happy if he can do more for legislature and judiciary in the states.
“I however urged the state legislature to work in line with the provisions of the constitution and not to abuse the new powers granted them by the President under the new Executive Order 10”, he advised.
Owonikoko noted that the 4th Alteration Act 2019 has already amended the constitution to the same effect, so the President’s move may not be of much legal significance.
“While such an executive order demonstrates Federal Government’s will to facilitate implementation of the new constitutional provisions, it’s hard to see its legal value.
“If however a state government persists in undermining financial autonomy of its state judiciary and legislature as guaranteed by the altered constitutional provisions, the executive order provides clarification and added support to challenge such act of infraction which violates constitutional supremacy stipulation in section 1 (3) of the a constitution,” Owonikoko said.
According to him, to that extent,”the executive order is commendable as a further enhancer of judicial autonomy .
“Nevertheless, it does not dispense with having to approach the appropriate court to interpret and declare the limit of state executive usurpation of power of the purse directly vested in the other arms of government.”
He also noted that it is the responsibility of a state government, not the presidency, “to implement first line charge on State revenue” and that term is not limited to federal allocation. It includes Internally Generated Revenue by the state which does not accrue through FAAC.”
Adegboruwa praised the President’s courage and selflessness in signing the order, because “most cases in the courts are to check the excesses of the executive arm, being the organ of government responsible for the implementation of policies.”
Noting that the executive order enforces the 4th Alteration of the Constitution, he advised the President to stand firm on its enforcement.
Adegboruwa said:” It is not enough to grant financial autonomy to the judiciary but also to ensure compliance with the rule of law through full and complete obedience to all orders and decisions of the courts.”
He urged the President to grant total autonomy to the judiciary by signing another executive order to all parastatals, agencies and departments of government to implement section 287 of the 1999 Constitution by complying with all orders, judgments and decisions of the courts.
“In addition, the statutory power placed upon the Attorneys-General to grant approval for the enforcement of monetary judgments involving government revenue is one of the greatest encroachments upon the powers of the judiciary, whereby a member of the executive is still required to approve or refuse the enforcement of a final decision of any court, even after full trial. The President should uproot this anomaly urgently.”
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