Supreme Court nullifies Buhari’s Executive Order on state judiciary

IN a split decision of six Justices to one, the Supreme Court on Friday nullified the Executive Order 10 initiated by President Muhammadu Buhari to grant financial autonomy to states’ judiciary and legislature. 

The apex court held that the executive order was inconsistent with the 1999 Constitution and therefore unconstitutional, illegal, null and void and of no effect whatsoever. 

The Justices also refused to grant an order sought by the 36 state governors to compel the Federal Government to pay them N66 billion which they claimed to have so far spent on capital projects at the state High Courts, Sharia Court of Appeal and Customary Court of Appeal in their respective states. 

Six Justices led by Mohammed Musa Dattijo agreed that the contentious Executive Order 10 of the Federal Government violated the provisions of the 1999 Constitution which stipulates the functions and powers of heads of each arm of government. 

“This country is still a federation and the 1999 Constitution it operates is a federal one. The constitution provides a clear delineation of powers between the states and the Federal Government. The president has overstepped the limits of its constitutional powers by issuing the Executive Order 10. The country is run on the basis of the rule of law,” Justice Dattijo said in the lead judgment.

According to the justices, President Buhari overstepped his bounds with the executive order and thereby engaged in breach of the constitution and usurpation of powers of heads of other arms of government. 

The six Justices are Muhammed Dattijo, Centus Chima Nweze, Hellen Ogunwumiju, Emmanuel Agim, Ejembi Eko and Adamu Jauro. 

Only Justice Uwani Abba Aji gave endorsement to the executive order, stating that it was in line with the provisions of the constitution to enforce the separation of powers and functions. 

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“We are not unaware of the hanky-panky, subterfuge played by state governors against the independence and financial autonomy of state judiciary. 

“It is a pitiable eyesore what judicial officers and staff go through financially at the hands of state executives who often flout constitutional and court orders to their whims and caprices. 

“Thus, the presidential Executive Order 10 is meant to facilitate the implementation of the constitutional provisions… The Executive Order is to aid the states’ legislature and judiciary in curing the constitutional wrong of their financial autonomy which the state have always denied. This is not unconstitutional,” Justice Abba-Aji said. 

However, four members of the seven-man panel of Justices turned down the request of the 36 state governors for an order of the apex court to compel the Federal Government to take up funding of capital projects for State High Courts, Sharia Court of Appeal and Customary Court of Appeal. 

The four Justices upheld the opposition of the Attorney General of the Federation (AGF), Abubakar Malami, SAN, and two other senior lawyers, Mahmud Magaji, SAN, and Musibawu Adetumbi, SAN, on the issue. 

They upheld the arguments of Malami, Magaji and Adetumbi to the effect that capital projects for the three courts should be funded by the states and not the Federal Government. 

The apex court Justices specifically agreed with Adetumbi that the 1999 Constitution has sufficiently provided the manner federal and state governments should fund their courts. 

They further upheld his submission that part of the load that the constitution wants the Federal Government to carry is narrowed down in Section 84(7) while Section 121 also narrows down the load it wants the state governments to carry. Adetumbi’s opposition against the executive order and his prayer that it should be declared illegal, unconstitutional, voided and set aside was also upheld. 

The four Justices are Mohammed Musa Dattijo,Centus Chima Nweze, Hellen Ogunwumiju and Uwani Musa Abba-Aji. 

With the majority decision, the state governments are to continue the funding of the three courts as they have been doing since 1999.