Autonomy for state legislature, judiciary: Lawyers, CSOs split over Buhari’s executive order

Autonomy for state legislature, judiciary: Lawyers, CSOs split over Buhari's executive order
Autonomy for state legislature, judiciary: Lawyers, CSOs break up over Buhari’s govt order

•Adeniran, Ozekhome laud Buhari; It’s a non-issue, says Ahamba

•President’s motion a harmful precedent, says CSOs; •Governors might head to courtroom

•Governors might head to courtroom

By Clifford Ndujihe, Dirisu Yakubu, Omeiza Ajayi & Gabriel Ewepu

Mixed views, yesterday, hallmarked President Muhammadu Buhari’s Executive Order granting monetary autonomy to the legislature and judiciary on the state stage.

President Buhari signed the Executive Order into regulation on Friday.

As some legal professionals and politicians hailed the transfer, others mentioned the hassle is just too little to handle the humongous challenges full restructuring of the nation entails.

Indeed, as an enormous authorized battle loomed, efforts meant to get the Nigerian Governors Forum to touch upon the problem at press time didn’t yield fruits. However, sources mentioned the governors would possibly go to the Supreme Court to hunt for intervention.

“The President signed the Executive Order number 10 into law based on the power vested in him as the President of the Federal Republic of Nigeria under Section 5 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which extends to the executive and maintenance of the Constitution, laws made by the National Assembly (including but not limited to Section 121 (3) of the 1999 Constitution, which guarantee financial autonomy of the state legislature and state judiciary,” a press release by the Attorney General of the Federation and Justice Minister, Mr. Abubakar Malami, SAN, mentioned.

The improvement, which suggests regular and common incomes for the judiciary and legislature, mandates the Attorney-General of the Federation to authorise deduction from supply from cash allotted to states that fail to launch allocations meant for the 2 arms of presidency.

Adeniran, Ozekhome laud Buhari

Speaking on the problem, former Minister of Education, Professor Tunde Adeniran, and constitutional lawyer, Chief Mike Ozekhome, SAN, recommended President Buhari on the transfer.

Adeniran mentioned the event is a part of the restructuring being clamoured for up to now few years.

The Professor of Political Science who doubles as factional nationwide chairman of the Social Democratic Party, SDP, in a phone dialog with Vanguard, mentioned the manager order is so as.

“It is quite in order. It is one of the steps to bring sanity into governance and entrench the principle of separation of powers. It is a vital aspect of the vertical and horizontal restructuring of the country.”

On his half, Ozekhome argued that the manager order would assist checkmate excesses of some state governors who typically deep their palms within the allocations of states’ legislative and judicial arms.

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“It is a good. The Executive Order is meant to bring stability and accountability in the system. It is quite good for the nation. It is the right way to go. Governors have literally been pilfering allocations belonging to states’ legislatures and judiciaries through deductions at source. This renders states’ legislatures and judiciaries servile and beggars to imperial state governors who use these two independent and coordinate arms of government to achieve their selfish interests thus defeating transparency, accountability and good governance.”

It’s a non-issue, says Ahamba

To Chief Mike Ahamba, SAN, who was Buhari’s lawyer in 2003, the order just isn’t new and has been taken care of by the structure.

His phrases: “This is not an issue. The constitution provides for such autonomy. Those who are opposed to it are enemies of true federalism, separation of powers, and the independence of the judiciary. These people are individually and collectively the bane of Nigeria.”

It’s piece-meal restructuring – Ikokwu

On his half, Second Republic politician and lawyer, Chief Guy Ikokwu, concurred with Ahamba however added that the transfer will add little or nothing to efforts to get Nigeria on its toes.

“It didn’t begin at this time. It has been on for a very long time. The Executive Order is a small laws that doesn’t change a lot. If he (president) is coping with constitutional points, that is the time to summon a constitutional convention of real representatives of the individuals as a result of the 1999 Constitution is useless. It is an anathema. You can not have a unitary Federal Government. This may be achieved in three months and the choice of the convention will abrogate the 1999 Constitution and save the nation. Otherwise the prevailing insecurity within the nation may have dire penalties.

“There are a variety of incongruities in Nigeria. A nation of such obvious incongruities can not survive.’’

Welcome improvement— CISLAC

Executive Director, Executive Director, Civil Society Legislative Advocacy Centre, CISLAC, Auwal Ibrahim Rafsanjani, mentioned: “We welcome the event of permitting the states’ legislature and judiciary to have autonomy as a result of that is the one strategy to permit the three arms of presidency in our constitution-the govt, legislature and judiciary to operate independently and transparently.

“This is the one means we are able to restore confidence in our democracy as a result of going by the present apply that governors have really pocked or manipulated and directed the operate of the legislature and judiciary, it’s not giving hope for individuals to essentially have faith in democracy and democratic governance in Nigeria.’’

Executive Director, YIAGA AFRICA, Samson Itodo, described the President’s Executive Order as a symbolic step in help of monetary autonomy of state legislature and judiciary, however may very well be disobeyed by the governors as they’ve succeeded in doing.

“The President has accented to the Constitutional Amendment Bill as first alteration to grant monetary autonomy to the legislature and in addition to the judiciary. When the President assented to that laws there have been no constitutional amendments different actions to additional operationalise that exact modification.

The President can not amend the structure. The President issuing an govt order is perhaps for a symbolic motion to point out that the President promotes autonomy of the legislature and judiciary. In precise reality, I feel it’s actually pointless as a result of the structure was already amended.’

‘’The President’s Executive Order can also be a harmful priority as a result of if it might take an govt order for governors to adjust to the structure, it’s really a risk to constitutional constancy.

In one other response, the Convener, Concerned Nigerians, CN, Deji Adeyanju, condemned the motion and mentioned the President was trying to amend the structure with the Executive Order.

“The President giving an Executive Order granting monetary autonomy to state legislature and judiciary as noble and commendable as it’s, is unconstitutional. It contravenes the provisions of the structure,’’ he mentioned.

Convener, Coalition in Defence of Nigerian Democracy and Constitution, Ariyo-Dare Atoye, decried the motion of the President, saying:   “The choice of the President to make use of an Executive Order to acceptable what the structure has already supplied for just isn’t solely superfluous but additionally represents the show of a harmful act that’s able to undermining the grand norm, and put democracy in jeopardy.

“As a matter of serious concern, the people should be weary and the National Assembly should thoroughly investigate this faux pas, as to whether it was done to deliberately  override the constitution, or the Attorney General of the Federation (who advises the President on matters of law) has become grossly incompetent or legally impaired, and should because of this anomaly and many more in the past, tender his apology and resignation.”


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