"Based on the power vested in me under Section 5 of the 1999 constitution (as Amended), I, today, signed into law Executive Order 10 of 2020 for the implementation of financial autonomy of state legislature and judiciary."
President Muhammadu
Buhari has signed an executive order granting financial autonomy to states
legislature and judiciary in Nigeria.
He made the announcement in a tweet on Friday.
Details:
President Muhammadu Buhari on Friday signed
into law Executive Order No. 10 of 2020 for the implementation of financial
autonomy for state legislature and judiciary Order, 2020.
In a statement on Friday by Umar Gwandu,
spokesman for the Attorney-General of the Federation and Minister of Justice,
Abubakar Malami (SAN), noted that a Presidential Implementation Committee was
constituted to fashion out strategies and modalities for the implementation of
financial autonomy in compliance with
section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as
Amended); taking into considerations all other applicable laws, instruments,
conventions and regulations, which provides for financial autonomy at the state
tier of government.
According to the statement the implementation
of financial autonomy of the state legislature and judiciary will strengthen the
institutions at the state level 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 statement added that 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 for the state legislature and 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, 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 for the state legislature and
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 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 Courts.”
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