The Supreme Court of Nigeria has nullified President Muhammadu Buhari’s Executive Order 10 granting financial autonomy to state judiciary and legislature.
In a majority ruling of six to one, the seven-member panel of justices on Friday declared the executive order as unconstitutional and unlawful, ruling that the president exceeded his statutory powers in issuing it.
Recall that President Buhari issued the Executive Order 10 on May 22, 2020 to compel all states to include allocations of both the Legislature and the Judiciary in their Appropriation Laws, in compliance with section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).
The order empowers the Accountant-General of the Federation to deduct funds for the state legislature and the judiciary from the federation allocations to the states.
However, the 36 states in suit SC/655/2020 filed through their Attorney-Generals approached the apex court seeking the nullification of the controversial Executive Order.
In the suit filed on September 17, 2020, the plaintiffs argued that with the EO10, the Federal Government pushed its responsibility of funding capital and recurrent expenditures of State High Courts, Sharia Court of Appeal and Customary Court of Appeal to the state governments.
In a judgement delivered Friday, six members of the panel of judges voided and set aside the Executive Order.
The apex court also dismissed the N66 billion suit filed by state governors against the Federal Government.