President Muhammadu Buhari has signed the implementation of financial autonomy for state legislature and state judiciary into law on Friday.
This gives the state legislative and judiciary arms financial independence from the state executive.
“Based on the power vested in me under Section 5 of the 1999 Constitution (as Amended), I, today, signed into law Executive Order No. 10 of 2020 for the implementation of Financial Autonomy of State Legislature and State Judiciary.
“This administration will continue to do everything to strengthen the principles and practice of democracy and democratic governance in Nigeria,” he said in a tweet.
Based on the power vested in me under Section 5 of the 1999 Constitution (as Amended), I, today, signed into law Executive Order No. 10 of 2020 for the implementation of Financial Autonomy of State Legislature and State Judiciary.
— Muhammadu Buhari (@MBuhari) May 22, 2020
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.”
