02/06/2020
judgments of the apex court in recent times is alarming. This, some stakeholders attributed to what they described as “executive assault” on the judiciary in 2019, although the buildup started since October 2016, when judicial officers’ homes were raided by state security agents.
The sector and its stakeholders, including concerned citizens were jolted when the president through an exparte order of a quasi-judicial body (Code of Conduct Tribunal) dated January 23, 2019, removed the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen. That was the first time such would happen in Nigeria since 1975 when the country was under the military rule. The constitutionality of that action is still a subject of debate among lawyers and many believe the judiciary is yet to recover from such “executive assault” on the sector since the commencement of democratic government in 1999.
Notwithstanding all the odds, there is cheery news. The penultimate week, president Buhari granted financial autonomy to the judiciary by signing an executive order No.10 to enforce the 4th alteration of the constitution. This is for the implementation of financial autonomy of the state legislature and state judiciary. A presidential implementation committee was constituted to fashion out strategies and modalities for the implementation of financial autonomy for the state legislature and judiciary in compliance with section 121(3) of the 1999 constitution, taking into consideration all other applicable laws, instruments, conventions and regulations, which provides for financial autonomy at the state tier of government.
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, authorise the deduction from a 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 the Order, 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 Courts.”
Human rights lawyer, Ebun-Olu Adegboruwa (SAN), who commended the president for the action said it was not enough to grant financial autonomy to the judiciary, but also to ensure compliance with the rule of law through full and complete obedience to all orders and decisions of the courts. His words: “I urge the president to grant total autonomy to the judiciary by signing another executive order to all parastatals, agencies and departments of government to implement section 287 of the 1999 constitution by complying with all orders, judgments and decisions of the courts.”
Examining the sector within the last one year, Professor of law, Edoba Omoregie said the judiciary performed to the best of its abilities in the last one year, adding that whether it meets with the expectations of Nigerians is another matter. “In my view, there is so much more to desire about our judicial system. To that extent, the performance of the judiciary cannot be any better than the nature of the judicial system we currently operate. “For a number of reasons, I believe the judiciary can perform far better to meet the people’s yearnings for justice and its quick dispensation: First, the judiciary is working under a system of centralisation. The Nat
