Govs Kick As Buhari Okays Financial Autonomy For Assemblies, Judiciary

President Muhammadu Buhari may have pulled a fast one on state governors with Friday’s signing of Executive Order No. 10 of 2020 which grants financial autonomy to State legislature and the judiciary.

Many governors were left shocked by the president’s action coming so soon after the financial autonomy granted local governments by this same administration.

According to TheNation the aggrieved governors see the signing of the Executive Order as a breach of ongoing talks between them and the Presidency on how to go about the autonomy.

Some of them are not ruling out litigation on the matter.

The Presidency had, through the late Chief of Staff, Mallam Abba Kyari, engaged the governors on the autonomy models for the next constitution review.

The negotiation had not been concluded before Kyari died.

The governors also claimed that the alleged “hasty” issuance of the order will derail the collaboration between the Nigeria Governors’ Forum (NGF) and the Conference of Speakers of the State Houses of Assembly.

The two groups had established a committee to work out modalities for autonomy just before the Covid-19 crisis

It was learnt that some of the governors may go to court to contest the constitutionality and legality of the Executive Order.

Others may use pressure groups to sue Buhari for a proxy legal battle.

Sources said some of the governors, especially those in the opposition, felt Buhari is using Executive Order to subvert the constitution with a view to caging them.

Their views on the new Executive Order are:

*It constitutes a breach of the understanding with the Presidency;

*It is illegal because only amendment to the 1999 Constitution can guarantee such autonomy;

*Executive Order does not have legislation force; and

*It is an encroachment of the laws on the disbursement of the funds in the Federation Account

A PDP governor told The Nation last night that they were ” shocked by the decision of the President to issue this Executive Order, which is more of a decree of the military era than a constitutional process.’

“The order cannot stand, we will go to court to challenge it,” he said

“Our party is not opposed to autonomy for the legislature and the judiciary but it must be a constitution review Process.

“But we have a growing pattern of sliding into dictatorship with Executive Orders. We won’t allow the subversion of the 1999 Constitution.”

Another governor said: “The order was least expected, it is an abuse and a violation of the ongoing talks between the Presidency and the governors. We have been working out the type of autonomy models to adopt. And the late Chief of Staff, Mallam Abba Kyari, represented the President at our sessions.

“We are also collaborating with the Conference of Speakers on how to go about the autonomy. I think the Presidency should have waited for all these consultations to end.”

A governor from the North-East said: “A true autonomy for the legislature and the judiciary cannot be by fiat. The National Assembly has constituted a Constitution Review Committee; the Presidency ought not to be preemptive.

“It appears dialogue is now too late; we will surely go to court because the President has no power to personally legislate on autonomy for these two arms of government.”

Another source said: “the governors, who are still battling with the effect of the financial autonomy granted local governments by this same administration had hoped to stop the financial autonomy of the legislature in particular.

“This is to ensure their continued control on the lawmakers.”

The governors had been opposed to the autonomy bill which was passed by the 8th National Assembly and signed by the president.

The law had remained unimplemented but the Conference of Speakers of State Legislatures in Nigeria, worked hard with the support of the leadership of the National Assembly and the Justice Ministry, to pull the latest surprise.

The Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami (SAN), said in a statement 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 into consideration all other applicable laws, instruments, conventions and regulations, which provides for financial autonomy at the state tier of government.

“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 as enshrined 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 of Nigeria 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 State Legislature and State Judiciary.

“The Order Provides that 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, authorize 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)”.

“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 their Appropriation Laws.

“Article 6 (1) provides that “notwithstanding the provisions of this Executive Order, in the first three years of its implementation, there shall be special extraordinary capital allocations for the Judiciary to undertake capital development of State Judiciary Complexes, High Court Complexes, Sharia Court of Appeal, Customary Court of Appeal and Court Complexes of other Courts befitting the status of a Court.”