Nigerian governors are protesting President Muhammadu Buhari’s Executive Order No. 10 of 2020 which grants financial autonomy to State legislature and the judiciary.
Many governors were not happy with the President’s action which comes after he had given financial autonomy to local governments.
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.
But senior lawyers hailed the president for signing the Executive Order, while Presidential Adviser, Ita Enang, explained that the order was to give effect to the provisions of the constitution.
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 when Kyari died.
The governors also claimed that the “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.
