The Human Rights Law Service (HURILAWS) has applauded the Presidency for signing an Executive Order for the enforcement of financial autonomy for the Judiciary.
The Executive Order No. 10 of 2020, which was recently signed by the Presidency and will be enforced across the nation demands that the Judiciary channels its budget directly to the Legislative for appropriation and not the Executive arm as was the practice.
Senior Advocate of Nigeria, Dr Olisa Agbakoba in 2013 established a legal suit querying the interpretation of Sections 81 (2), and section 84 (1), (2), (3), (4) and (7) of the 1999 Constitution and won the case in 2014 but the judgment was only enforced recently.
In its official statement, Hurilaws stated that although it doubted the use of an Executive Order to enforce financial autonomy, the enforcement of the ruling of the court by President Muhammadu Buhari is a step in the right direction.
“We appreciate the effort of the President to enforce the Judgment of the Federal High Court in Suit No. FHC/ABJ/CS/63/2013 Olisa Agbakoba vs FG, The NJC & National Assembly.
“In the above matter, Dr Olisa Agbakoba SAN sued the Federal Government & 2 others on the interpretation of sections 81(2) and section 84(1), (2), (3), (4) and (7) of the 1999 Constitution.
“He, amongst other reliefs, challenged the National Judicial Council’s practice of sending its budget to the Budget Office of the Executive arm for appropriation.
“He argued that it was an infringement on the financial autonomy of the Judiciary.
“The Court, in its judgment delivered in 2014, agreed with him and ordered the National Judicial Council to henceforth send its budget directly to the National Assembly for appropriation. But since the Judgment, no serious effort was made by the Federal Government or States to enforce the Judgment.
“We, therefore, applaud the effort of the President. It will hopefully begin the journey of strengthening the Judiciary”, the group stated.