Financial autonomy for the judiciary: Another landmark judgment

On the 7th of March, 2023, the Delta State High Court delivered a landmark judgment that many public commentators now concede as the solution to the never-ceasing cry for financial autonomy for the Judiciary, both at the Federal and State levels. Honorable Justice G.B. Briki-Okolosi sitting at the Asaba division of the Delta State High Court in suit No. A/164/2022: John Aikpokpo-Martins & Olukunle Edun v. Governor of Delta State & Ors. declared inter alia, that by virtue of the provisions of Sections 120(4), 121(2), 121(3) & 124(4) of the Constitution of the Federal Republic of Nigeria, 1999 as amended and the judgment of the Federal High Court in FHC/ABJ/CS/63/2013: OLISA AGBAKOBA V THE ATTORNEY GENERAL OF THE FEDERATION & 2 ORS, the Delta State Government is not required to present to and/or lay before the state House of Assembly or any of its Committee, the budget and/or estimates of the Delta State Judiciary;

The Court also held that estimates of expenditure of the Judiciary in Delta State, after being passed by the House of Assembly are automatically charged upon the Consolidated Revenue Fund of Delta State and therefore, the State Governor or any of his agents, subordinates and/or agencies lack the vires and authority to tamper with same or impose any condition for their disbursement and/or release of same to the State Judiciary. The Court made further orders compelling the State Chief Judge and the President of the Delta State Customary Court of Appeal to henceforth lay before the State House of Assembly the estimates/budget of the Judiciary of the State. The Court thereafter proceeded to make an order of injunction restraining the Chief Judge and the President of the State Customary Court of Appeal from further submitting, laying, presenting the budget and/or expenditure of the Judiciary in Delta State to the Governor of the State and/or his subordinates.

Section 121 (1) & (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, also provides that (1)“The Governor shall cause to be prepared and laid before House of Assembly at any time in each financial year estimates of the revenues and expenditure of the State for the next following financial year. (1) The heads of expenditure contained in the estimates (other than expenditure charged upon the Consolidated Revenue of the State by this Constitution) shall be included in a bill, to be known as an Appropriation Bill, providing for the

issue from the Consolidated Revenue Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein. (3) Any amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the courts concerned. See sections 80, 81, 82, 83 & 84 of the Constitution for similar provisions in respect of the Federal Government.

By virtue of Sections 84(4) and 124 (4) of the Constitution, salaries of personnel and funds of the Judiciary are mandatorily charged upon the Consolidated Revenue funds of the State (in the case of State) and Consolidated Revenue Funds of the Federation (in the case of the federation). Just like the Independent National Electoral Commission (section 84 (8) of the Constitution), the Judiciary ought to be presenting its budget directly to the appropriate Legislative house, not to the Executive arm of Government through the Budget Office. The National Assembly and States’ Assemblies do not present their budget estimates to the President or Governors for vetting. Sections 84 (4), 84(8), 120(4), 121(2), 121(3) & 124(4) of the Constitution are mandatory and left no room for discretion on the part of the Governor, The Speaker or the Chief Judge of the State. It’s a compulsion. That’s what the Delta State High Court has just given judicial imprimatur to.

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