NEWSBREAKING: Nigerian States’ Legislature, Judiciary: FG releases details of Financial Autonomy Order
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.
Obaseki reconstitutes Edo Judicial Service Commission.
HON. JUSTICE EDIGIN COMMENDS BENIN NBA ON PRO BONO COMMITTMENT
Edo State’s Chief Judge Hon. Justice Esther Edigin has commended the executive & members of the Benin branch of the Nigeria Bar Association (NBA) for their commitment to their profession and responsibility towards the people of their constituents.
The Chief Judge, who gave this commendation when the Executives of the NBA paid her a courtesy call in her office to felicitate with her on her assumption of office as the Chief Judge of the state, said the pro bono commitment initiated by the NBA has contributed to the decongestion of the correctional centres. She charged them to do all they can to uphold it while also encouraging them to live up to the tenants of the law Profession.
Hon. Justice Edigin further pledged to uphold the good relationship between the bench and the bar stating that her door is opened to all legal practitioners and she would assist all to the best of her capability.
Earlier, the chairman of the Benin bar, Prince Collins Ogiegbaen had congratulated the Chief Judge on her assumption of office, pledging the loyalty and support of the executive and members of the Benin Branch NBA. He emphasized on the many qualities of Hon. Justice Edigin stating categorically that she (the chief Judge) is one of the most resourceful Judges he had come across as he largely refers to her judgments in his dealings in court. He also prayed for a successful tenure for the Chief Judge.
Prince Ogiegbaen further intimated the Chief judge of the existence of legal Assistance and Prisoners Rights Initiative (LAPRI) which is headed by the bar Public Defender, the aim of which is to provide legal assistance and defend the rights of inmates, pro bono. He also explained that the LAPRI social advocacy was part of what awarded the Benin Bar, the 2nd best Bar nationwide.
Nwine Nekpen Maureen
Senior Information Officer,
Edo State Judiciary
EDO STATE JUDICIARY BIDS RETIRED LEGAL GIANT ADIEU
Edo State Judiciary led by the Chief Judge Hon. Justice Esther Edigin has gathered to bid a deceased retired legal luminary, late hon. Justice Aliu Okunega farewell as he transits to glory.
At the valedictory court session held for the late Justice at High Court No. 1, Auchi, Etsako West Local Government Area of Edo State, The State’s Chief Judge, Hon. Justice Esther Edigin said that Hon. Justice Okunega has had his time to be born and now his time to die at the ripe age of 84. She also said his service to his profession, humanity, community and Almighty God is worth celebrating.
Hon. Justice Edigin extolled the late Justice Okunega as having an insatiable appetite to uphold the tenants of the Judiciary as the last hope of the common man in very many of his Judicial decisions as he was an epitome of diligence, forthrightness and integrity.
The chief Judge encouraged his family to be consoled with the realization of the fact that he lived a glorious and fulfilled life. As death is not an event that ends the great sentence of life but a comma that punctuates it for higher service and external life.
In his address, hon. Justice I. O. Aluyi, chairman Body of Retired Judges, Edo State, represented by Hon. Justice R. I. Amaize (Rtd) eulogised the late Honourable Justice as warmth, amiability and conviviality personified while he lived. He further said Justice Okunega brought such sterling qualities, amongst others to bear and radiated them even within the corpus of retired judges; stating that members will sorely miss him.
Permission was granted the Okunega family to remove with honour and dignity, the remains of the late gentleman and to lay him to rest in his hometown, Eware (Anwain Clan) Etsako West Local Govt. Area of Edo State.
It is worthy of note that Hon. Justice Aliu Okunega was chairman Transitional Committee, Etsako West Local Government Council, 2002 and chairman, Edo State Independent Electoral Commission (EDSIEC), 2009. Post-retirement.
Nwine Nekpen Maureen
Senior Information Officer,
Edo State Judiciary
