NEWSBREAKING: Nigerian States’ Legislature, Judiciary: FG releases details of Financial Autonomy Order
The federal government has released details of Executive Order No.10 of 2020, four days after it was signed into law by President Mohammadu Buhari.
The details signals the implementation of Financial Autonomy for the State Legislature and Judiciary Order of 2020.
With Buhari’s assent, the legislative and judicial arms of government in the 36 states of the federation will no longer have to wait on State governors for funds.
In the details released on Tuesday by Umar Gwandu, Special Assistant on Media to Attorney-General of the Federation, Abubakar Malami, President Buhari said his decision was based on Section 5 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended).
Details of the Presidents orders as follows:
“1. Appropriation, Authorisation, Orders, etc:
(a) Without prejudice to any other applicable laws, legislations and conventions at the State tier of Government, which also provides for financial autonomy of State Legislature and State Judiciary, allocation of appropriated funds to the State Legislature and State Judiciary in the State appropriation laws in the annual budget of the State, shall be a charge upon the Consolidated Revenue Fund of the State, as a First Line Charge.
(b) 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 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).
“2. Determination of the Budget:
Notwithstanding the provisions of any existing law, convention or regulation, other than the Constitution of the Federal Republic of Nigeria 1999 (as Amended), providing for appropriation or management of funds at the State tier of Government as follows:
(a) every State Government of the Federation shall set up a Committee from the commencement of this Executive Order comprising the Commissioner of Finance, Accountant-General of the State, representative of the State Budget Office, Chief Registrars of State High Court, Sharia Court of Appeal and Customary Court of Appeal, (where applicable), the Clerk to the State House of Assembly and the Secretary of the State Judicial Service Committee or Commission;
(b) where applicable, determine and ascertain from the Revenue profile of the State, a workable budget for each Arm of the State Government based on the request and needs of the Accounting Officers; and (c) the Committee shall be given and accorded legal recognition in the various relevant appropriation or Funds Management Laws of the States.
“3. Creation of State Judiciary Budget Committee:
(a) For the purpose of Appropriation to the State Judiciary, each State Judiciary of the federation shall set up a State Judiciary Budget Committee (in this Order referred to as “a Committee”) to serves as an administrative body to prepare, administer and implement the budget of the State Judiciary with such modifications as may be required to meet the needs of the State Judiciary.
(b) The Committee shall consist of the State Chief Judge as the Chairman with the Grand Kadi, Sharia Court of Appeal, the President, Customary Court of Appeal, where applicable and two members of the Judicial Service Committee or Judicial Service Commission to be appointed by the Chief Judge, in consultation with other Members of the Committee, to serve as Members.
(c) The Chief Registrar of the State High Court is to serve as Secretary.
(d) The modalities for budget preparations and implementation shall include but not limited to the following:
(i) upon the receipt of the Budget Estimates of the Fiscal Year for the State Judiciary, the State Judiciary Budget Committee shall invite all the Accounting Officers of the various Courts/Judicial Bodies to defend their budget estimates;
(ii) the budget estimates for Courts and Judicial bodies shall be based on expenditure line items given to them by the State Judiciary Budget Committee which shall be defended before the State House of Assembly; and
(iii) upon the appropriation of Funds, the State Judiciary Budget Committee shall on a monthly basis or as the case may be, request the Budget Office of the State to release the statutory allocation for the quarter or monthly and the Authority to Incur Expenditure (AIE) shall be raised by the Office of the Accountant-General of the State for the release of the Fund to all the Heads of Courts/Judicial Bodies in line with the Appropriation Law.
“4. Budget Preparation, Templates and Modalities:
(a) Without prejudice to any existing budget templates in force in any State of the federation, the State Legislature and State Judiciary shall continue to maintain the strata of line consultations, inter Arms and inter-Agency pre-budget consultations and frontloading as is done in some States.
(b) The budget templates and models in the schedule to this Executive Order shall apply to State Legislature and State Judiciary with modifications, in compliance with Section 121(3) of the 1999 Constitution of the Federal Republic of Nigeria (as Amended) and such other applicable Laws.
“5. Appropriation and Supplementary Appropriation Law, etc:
(a) 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.
(b) Where Appropriation Law exists in any State of the federation before the commencement and implementation of this Order, such States shall amend their Appropriation Law to encompass financial autonomy of State Legislature and State Judiciary.
(c) This Order expects States without Appropriation Law on the financial autonomy of State Legislature and State Judiciary to do so.
“6. Special Allocation for the Judiciary:
(a) 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.
(b) In this section, “Other Courts” includes Magistrate Courts, District Courts, Customary Courts and Area Courts.
“7. Implementation of this Order:
(a) Subject to section 8(1) of this Order, implementation of the provisions of this Order shall be carried out by the Presidential Implementation Committee in accordance with its recommendations.
(b) To the extent as may be permitted by law, the Accountant-General of the Federation shall take appropriate steps to ensure compliance with the provisions of this Order and implementation of the recommendations of the Committee, as may from time to time be made.
(c) This Order shall be implemented consistently with States applicable laws that guarantee financial autonomy of State Legislature and State Judiciary and subject to the availability of funds.
“8. Citation: This ORDER may be cited as the Implementation of Financial Autonomy of State Legislature and State Judiciary Order, 2020.
“9. Commencement: This Executive Order shall take effect from this 20th Day of May 2020.”
Obaseki reconstitutes Edo Judicial Service Commission.
…AS COURT OPENS DIVISION IN BENIN
The President of the National Industrial Court of Nigeria, Hon. Justice Babatunde Adejumo, has lauded the commitment of the Governor Godwin Obaseki-led Administration towards ensuring that the judicial arm of government is given the necessary support to function effectively.
Justice Adejumo gave the commendation in Benin City, during the commissioning of the Benin Division of the National Industrial Court of Nigeria, constructed by the Edo State Government.
According to him, the establishment and commissioning of the Industrial Court in Edo State would promote industrial harmony in the State and provide succour for lawyers who used to travel to Akure to attend to cases from Edo State.
Justice Adejumo noted that the court would also encourage social development of the State through the promotion of peace and progress in the State, and in the Country at large.
“The facility is great and the building is good. This is the product of cooperation and I thank the Governor for this,” he said.
The Industrial Court President explained that the Court was established in 1976 and his coming on board 16 years ago led to its spread in Nigeria as Edo State is the 28th state where the court has been established.
In his response, Governor Obaseki said, “This is the first in the series where we will be handing over properties to the Judiciary as we have several of them undergoing construction in the State.”
The Governor thanked the President of the National Industrial Court for honouring the State with his presence at the commissioning ceremony, stating that his Administration had already provided accommodation for Hon. Justice Adeola Adewemimo, who would be the first resident Judge of the National Industrial Court in Benin City.
He said, “We are investing in our Judiciary as we have started the first in the series of accommodation for Judges in the State and we will not discriminate as we will ensure a comfortable accommodation for them. Our plan next year is to develop an estate for Judges in the GRA area of Edo State.
“This is just a temporary Court as the Court will be relocated to a permanent site within the next three years. We have secured the property and we have actually completed a design for the permanent structure.”
He further said, “As a government, we want to ensure we have the full complement of the Judiciary in the State and we are doing everything to provide what is required to make the Judiciary function effectively and efficiently in Edo State.
“We are going to be emphasising and strengthening our Magistracy, investing in our High Court and are pleased that we have successfully been able to attract the Industrial Court to Edo State as we work to relocate the Court of Appeal to a more auspicious premises and hope if possible to have a Supreme Court in Edo State.”
According to Governor Obaseki, the aspiration of his Administration is to be the industrial hub of Nigeria as the State is working hard to ensure that before the end of the year, the State Government will commence the construction of 1,000 hectares of Industrial Park in the State, and it will become the bastion for attracting companies and organisations to the State.
In her remarks, the Attorney General and Commissioner for Justice, Prof. Yinka Omorogbe, said the construction of the Court in Edo State had provided one instance of the positive attitude of Governor Obaseki towards all matters pertaining to the administration of justice and the rule of law in the State.
Also speaking, the Chief Judge of Edo State, Justice Esohe lkponmwen, who expressed delight at the achievement, said it was a great development for the State.
She thanked the Governor for the achievement and expressed confidence that the Court will contribute to industrial harmony in the State.
The Chairman of Nigeria Bar Association (NBA) Edo State branch, Prince (Barr.) Collins Benson Ogiegbaen, expressed the gratitude of the Bar of Edo and Delta states to the Governor of Edo State, Mr. Godwin Obaseki, for realising the dreams of most lawyers in both states, who were exposed to kidnapping and hardship on the Akure Road, as it was one of the most dangerous roads in Nigeria, saying. “The entire Bar in Edo and Delta states are grateful to the exemplary leadership style of the Governor of Edo State.”
Edo State Chief Judge, Hon. Justice Esohe Ikponmwen, has commissioned two Customary Courts as constituency projects of Rt. Hon Justin Okkonoboh at Ekpon and Igueben towns in Igueben Local Government Area of Edo State.
Speaking at the commissioning ceremony, at Igueben, Hon. Justice Ikponmwen stated that the essence of the court was not to unnecessarily persecute people but to enable peaceful co-existence of people as there would be anarchy and oppression without Courts.
She maintained that the Judiciary remained a very important Arm of Government because it delivers justice to the people and it is expected that there should be meaningful and good Court House everywhere in the State.
The Chief Judge commended Rt. Hon. Okonoboh for choosing the judiciary as his focus for his constituency projects, saying it was a proof of his understanding of his role as a legislature adding that laws made must have proper room for interpretation.
Presenting the Court houses for commissioning, the former Speaker, Edo State House of Assembly and Initiator of the projects, Rt. Hon. Okonoboh, said he was only delivering on his electioneering promises as expected of him by his people who elected him to represent them in the State House of Assembly.
He further said that he was motivated to opt for the construction of Customary Courts as his constituency project when he became aware that there was an approval for Ekpon and Igueben to own Customary Courts.
In his goodwill message the Chairman of lgueben Local Government Area, Dr. Josie Ogedegbe, opined that there should be no fear about having Courts anywhere as it remained part of developmental strides, explaining that there must be an avenue for dress for whoever would feel oppressed.
The Council Chairman however promised to furnish the constructed Court houses in record time for prompt use.
Nwine, Nekpen Maureen
Information Officer, Edo State Judiciary
EDO CHIEF JUDGE COMMENDS EDO EXECUTIVE FOR ASSERTIVE OUTLOOK ON DEMOCRACY
Edo State Chief Judge, Hon. Justice Esohe Ikponmwen, has commended the Executive Arm of Edo State Government, saying that the State Governor, Mr. Godwin Obaseki, has an assertive outlook on democracy.
Hon, Justice Esohe Ikponmwen, who gave this commendation while speaking as chairman on the occasion of the 2019 Law Week of the Nigerian Bar Association (NBA) in Benin City, thanked Mr. Obaseki for his developmental strides and people-oriented policies which formed the evidence of the growth of democracy in the State.
The Chief Judge, however, pleaded with all well-meaning individuals and practitioners of law not to tear down the constitution, but to allow the Judiciary to strive independently in all its dealings.
She further stressed that there were lots of judicial pronouncements on democracy and the law, stating that the law has a big role to play in advancing the democratic outlook in Nigeria.
Earlier in his welcome address, the Chairman of the Nigerian Bar Association, Benin Branch, Prince Collins Ogiegbaen, said the theme of the 2019 Law Week which was “Advancing the Nigerian Democratic Outlook: the Role of Law,” was thoughtfully selected as it touched on the delicate act of balancing on an ordinary scale while it was also set to expose the deadly and negative use of power under a democratic outlook.
Delivering the keynote address on “Advancing the Nigerian Democratic Outlook: The Role of Law,” Ebun-Olu Adegboruwa Esq. posited that unless the rights and freedom of citizens were guaranteed, the ruler would most probably run amock and clamp down on all forms of opposition to his programmes and policies, thus compromising or jeopardizing democracy, explaining that there would be no democracy without law.
Nwine, Nepen Maureen
Information Officer, Edo State Judiciary
EDO STATE CHIEF JUDGE BAGS LIFE TIME ACHIEVERS AWARD
The Chief Judge, Edo State High Court, Hon. Justice Esohe Frances Ikponmwen, has been conferred with a Life Time Achievers Award by the Nigerian Bar Association, Benin Branch.
Receiving the award which was conferred on her during the 2019 Nigerian Bar Association’s Law Week, Chief Judge Esohe Ikponmwen said she was grateful for the honour bestowed on her,and charged members of the Association to uphold the rule of law and the honour that comes from defending the cause of justice, praying God to take the judiciary to greater heights.
Acknowledging the Chief Judge during the Conferment of the Award, the Chairman of the Nigerian Bar Association, Benin Branch, Prince Collins Ogiegbaen, said the Award was in recognition of Justice Ikponmwen’s immense contribution to the uplift and betterment of the Edo State Judiciary.
According to Prince Collins Ogiegbaen, Justice Esohe Ikponmwen, who is known to be fair and strict in the dispensation of justice, has brought uniqueness to the State Judiciary, explaining that the Jurist’s tenure as Chief Judge has been harmonious, impactful and staff welfare-oriented.
He urged the Chief Judge to continue with her developmental strides as God would continue to strengthen her to do more.
Other recipients of the NBA, Benin, Life Time Award, are Hon. Justice Isaac Aluyi (Rtd), Hon. J. O. Olubor (Rtd) and Prof. Osayuki Godwin Oshodin (JP), while the NBA Benin Merit Award was conferred on Hon. Justice Esther Edigin and Hon. Justice Itsebaga Acha, Judges of Edo State High Court.
Nwine Nekpen Maureen
Information Officer, Edo State Judiciary.
The Hon. Chief Judge of Edo State Judiciary, Hon. Justice Esohe Ikponmwen, has been installed as the Patroness, Boys Brigade, Nigeria.
Speaking at the Decoration ceremony which took place at the High Court in Benin City, Hon. Justice Esohe Ikponmwen said she was grateful to God and to everyone for the hour bestowed on her, explaining that she was elated to learn of the vision of Boys Brigade, Nigeria, and as it is founded on the Gospel of the Lord Jesus Christ, she would whole heartedly embrace it since it was another opportunity for her to serve and spread the Gospel.
The Hon. Chief Judge further thanked those who had been strengthening the organization, while promising to uphold the tenets of the association in appreciation of her call in this area of service.
Earlier, while decorating the Chief Judge, the State President, Boys Brigade, Nigeria. Edo State Council, Mr. Lawson Akhideno, said investing Hon. Justice Esohe Ikponmwen as a State Patroness of the Organization was a dream come true for them, as they were assured that the vision and mission of Boys Brigade, Nigeria would be accomplished in Edo State.
The State President likened the investiture ceremony to the story of the sick man in the Bible, who had no man to help him, emphasizing his strong belief that God would use Hon. Justice Esohe Ikponmwen to uplift Boys Brigade in Edo State.
Mr. Akideno further congratulated the Hon. Chief Judge on the investiture and formerly welcomed her to Boys Brigade, Nigeria, whose objective is the advancement of Christ’s Kingdom among Boys and promotion of habits of obedience, reverence, discipline, self-respect and all that tends towards a true Christian manliness.
Nwine Nekpen Maureen
Information officer, Edo State Judiciary
No fewer than 74 inmates were recently freed from the Benin and Oko prisons as the presidential Committee on Prisons Reform and Decongestion visited Benin City, Edo State.
The inmates, who had been sentenced over crimes ranging from breach of peace, malicious damage, unlawful assault, fraud, conspiracy, breaking and stealing, were excited at the prospect of reuniting with their families.
Releasing them, the Head of the Presidential Committee on prisons Reform and Decongestion, and Chief Judge of FCT, Abuja, Chief Justice Ishaqu Bello, admonished the freed inmates to desist from acts that could get them back to prisons in future, maintaining that crimes do not pay.
The inmates who had learnt some trades while in custody were given some amount of money toenable them to set up their businesses and have means of livelihood, so as to shun crimes.
On her part, the Hon. Chief Judge, Edo State Judiciary, Hon. Justice Esohe Ikponmwen, charged the freed inmates to eschew life of crimes in the future as their loved ones suffered the most from their conviction.
Earlier, while on a courtesy call on the Governor of the State, Mr. Godwin Obaseki, Hon. Justice Bello informed the Governor that Edo State was the 14th State the Committee had visited while fulfilling their mandate of reforming and decongesting Prisons across the nation.
Present at the decongestion exercise were the Chief Judge of Edo State Judiciary, Honourable Justice Esohe Ikponmwen, the Attorney General of Edo State, Professor Yinka Omorogbe, Deputy Comptroller of Prisons, Edo State Command, Joseph Usendiah.
Nwine Nekpen Maureen
Information Officer, Edo State Judiciary
Please note that the PERFORMANCE EVALUATION, NATION-WIDE TRAINING EXERCISE which was slated to hold in Edo State on 5th of November, 2018 has been postponed indefinitely as a result of the proposed NLC Nationwide strike action. A new date will be communicated soonest.
H. I. Enemaku
The Honourable the Chief Judge of Edo State, Hon. Justice E. F. Ikponmwen on behalf of the Edo State Judiciary cordially invites the general public to the Valedictory Court Session in honour of Hon. Justice J. U. Oyomire.
Date: 22nd May, 2018
Venue: High Court of Justice, Sapele Road, Benin City.
R.S.V.P: H. I. Enemaku Esq (Chief Registrar)
EDO STATE JUDICIARY
OFFICE OF THE CHIEF REGISTRAR
HIGH COURT OF JUSTICE
DIRECTIONS UNDER ORDER 43 RULE 4(2) OF HIGH COURT (CIVIL PROCEDURE) RULES 2012: ANNUAL VACATION FOR THE YEAR 2017
The general public is hereby notified that in compliance with the provisions of the High Court (Civil Procedure) Rules 2012, the Chief Judge of Edo State, Hon. Justice E.F. Ikponmwen has directed as follows:
One vacation Judge in the State who shall sit in Benin Judicial Division, to entertain only urgent civil, revenue and criminal matters.
H. I. Enemaku Esq.,