Financial autonomy for states’ Legislature, Judiciary: Govs to declare position today

…To also brainstorm on NLNG ownership, NCDC Bill, FAAC deductions

…As Buhari orders setting up of implementation c’ttees by states

Following the decision of President Muhammadu Buhari to sign an Executive Order granting financial autonomy to the legislature and judiciary at the state level, governors of the 36 states of the federation under the aegis of the Nigeria Governors Forum (NGF) will today meet to brainstorm on their next line of action.

The governors who will be meeting through a teleconference, their 9th since the lockdown that resulted from the outbreak of the Coronavirus (COVID-19) pandemic, are expected to come up with a position on the Executive Order.

Recall that President Buhari signed the Executive Order into law on Friday last week.

The Federal Government has given a very strong warning that any state government which withholds funds meant for their respective Houses of Assembly and Judiciary would get their allocations deducted at source by the Accountant General of the Federation and remitted directly to the affected state organs.

According to the Director-General of the Governors’ Forum, Asishana Bayo Okauru, who issued the invitation to the governors intimating them of the meeting, the governors are also expected to discuss follow ups from the last NEC meeting.

According to a statement by the Head of Media and Public Affairs, Abdulrazaque Bello-Barkindo, the governors will be given an update on the COVID-19 pandemic in the country as well as review a letter from the National Coordinator of the Presidential Task Force on COVID-19 as it relates to the COVID-19 draft regulations.

There will also be a general update on the efforts of the Coalition Against COVID-19 (CACOVID).

The statement reads: “Governors of the 36 states will be holding their 9th teleconference meeting since the lockdown that resulted from the outbreak of the COVID-19 pandemic.

“The meeting, which is taking place tomorrow Wednesday 27th May, 2020, at 1400 hrs will, like eight others before it, have in attendance all the state governors via Microsoft Team from their various states.

“Among the issues to be reviewed are a number of critical national questions that revolve around the financial autonomy for the states’ judiciary and legislature code-named the Executive Order 10, 2020.

“The governors will also touch issues around the NLNG ownership, the controversial NCDC Bill, the restructuring of states’ loans and the FAAC deductions which have been a recurring decimal on the governors’ table.

“As usual the governors will be given an update on the COVID-19 pandemic in the country as well as review a letter from the National Coordinator of the Presidential Task Force on COVID-19 as it relates to the Covid-19 draft regulations.

“There will also be a general update on the efforts of the Coalition Against Covid-19, CACOVID.

“The invitation also disclosed that the meeting will discuss follow ups from the last.”

Meanwhile, President Buhari has ordered State governments to set up State legislature and judiciary financial autonomy implementation committees to kick-start the Presidential Executive Order No 10 which came into effect on May 20.

This is contained in the Presidential Executive Order No 10, details of which were released on Monday, May 26 by the office of the Attorney General of Federation.

The order stated that 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: “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;”

“Where applicable to 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 the Committee shall be given and accorded legal recognition in the various relevant appropriation or Funds Management Laws of the States.”

The order further stated that 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.

“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).

The order also provided for creation of State Judiciary Budget Committee.

It said that 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.

“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.

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“The Chief Registrar of the State High Court is to serve as Secretary. While 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.

On budget preparation, templates and modalities, the Order stated that without prejudice to any existing budget templates in force in any States 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 front loading 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.

“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.

“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.

The Order expects States without Appropriation Law on financial autonomy of State Legislature and State Judiciary to do so.

It also made provision for special allocation for the Judiciary, stating 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.

It added that in this section, “Other Courts” includes Magistrate Courts, District Courts, Customary Courts and Area Courts.

It emphasised that the implementation of financial autonomy of the State Legislature and State Judiciary will strengthen the institutions at the State tier of Government and make them more independent and accountable in line with the tenets of democracy as enshrined by the Constitution of the Federal Republic of Nigeria 1999 (as Amended).