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States’ Legislature, Judiciary Financial Autonomy: FG Releases Details - Politics - Nairaland 2v126n

States’ Legislature, Judiciary Financial Autonomy: FG Releases Details (23398 Views)

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oshozondii: 4:13pm On May 26, 2020
The federal government has released details of Executive Order No.10 of 2020, four days after it was signed into law by President Mohammadu Buhari.

The details signals the implementation of Financial Autonomy for the State Legislature and Judiciary Order of 2020.

With Buhari’s assent, the legislative and judicial arms of government in the 36 states of the federation will no longer have to wait on State governors for funds.

In the details released to DAILY POST on Tuesday by Umar Gwandu, Special Assistant on Media to Attorney-General of the Federation, Abubakar Malami, President Buhari said his decision was based on Section 5 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended).

DAILY POST culled details of the Presidents orders as follows:

“1. Appropriation, Authorisation, Orders, etc:

(a) 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.

(b) The ant-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 s 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).

“2. Determination of the Budget:

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:

(a) every State Government of the Federation shall set up a Committee from the commencement of this Executive Order comprising the Commissioner of Finance, ant-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;

(b) where applicable, 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 ing Officers; and (c) the Committee shall be given and accorded legal recognition in the various relevant appropriation or Funds Management Laws of the States.

“3. Creation of State Judiciary Budget Committee:

(a) 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 istrative body to prepare, ister and implement the budget of the State Judiciary with such modifications as may be required to meet the needs of the State Judiciary.

(b) 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 of the Judicial Service Committee or Judicial Service Commission to be appointed by the Chief Judge, in consultation with other of the Committee, to serve as .

(c) The Chief Registrar of the State High Court is to serve as Secretary.

(d) 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 ing 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 ant-General of the State for the release of the Fund to all the Heads of Courts/Judicial Bodies in line with the Appropriation Law.

“4. Budget Preparation, Templates and Modalities:

(a) Without prejudice to any existing budget templates in force in any State 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 frontloading 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.

“5. Appropriation and Supplementary Appropriation Law, etc:

(a) 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.

(b) 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 encom financial autonomy of State Legislature and State Judiciary.

(c) This Order expects States without Appropriation Law on the financial autonomy of State Legislature and State Judiciary to do so.

“6. Special Allocation for the Judiciary:

(a) 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.

(b) In this section, “Other Courts” includes Magistrate Courts, District Courts, Customary Courts and Area Courts.

“7. Implementation of this Order:

(a) Subject to section 8(1) of this Order, implementation of the provisions of this Order shall be carried out by the Presidential Implementation Committee in accordance with its recommendations.

(b) To the extent as may be permitted by law, the ant-General of the Federation shall take appropriate steps to ensure compliance with the provisions of this Order and implementation of the recommendations of the Committee, as may from time to time be made.

(c) This Order shall be implemented consistently with States applicable laws that guarantee financial autonomy of State Legislature and State Judiciary and subject to the availability of funds.

“8. Citation: This ORDER may be cited as the Implementation of Financial Autonomy of State Legislature and State Judiciary Order, 2020.

“9. Commencement: This Executive Order shall take effect from this 20th Day of May 2020.”

https://dailypost.ng/2020/05/26/breaking-nigerian-states-legislature-judiciary-fg-releases-details-of-financial-autonomy-order/

16 Likes 1 Share

cosby02(m): 4:25pm On May 26, 2020
Governors right now

60 Likes 2 Shares

Stallion93(m): 5:07pm On May 26, 2020
Front page space booked
FactBoyz: 5:08pm On May 26, 2020
cool
GistmeBlog(m): 5:08pm On May 26, 2020
Blast
illicit(m): 5:08pm On May 26, 2020
Sha make life better for the youths

It's not easy, nobody fights for the youths.

Youth bodies fight for the elders....
What a shame

The labours of our heroes past is nonsensical

1 Like

Zico5(m): 5:08pm On May 26, 2020
It's all about sharing our common resources. Nothing like executive order for good governance at Federal, state and local government level. We are waiting for the day this government will be over.

4 Likes

Kobicove(m): 5:08pm On May 26, 2020
This move will indirectly whittle down the powers of state governors undecided

19 Likes 1 Share

olaolulazio(m): 5:08pm On May 26, 2020
God bless PMB for this.


Enemies can go and die grin

50 Likes 6 Shares

PHijo(m): 5:09pm On May 26, 2020
One of the few reasonable decisions the failure called Buhari has made.

21 Likes 1 Share

gurunlocker: 5:09pm On May 26, 2020
Buhari greatest achievement.... shocked

4 Likes 1 Share

anytexy: 5:09pm On May 26, 2020
Is alright , na their pocket after all

That reminds me, what of local government financial autonomy?
Are they collecting direct federal allocation now?

2 Likes 1 Share

Ruggedniggaone: 5:09pm On May 26, 2020
bubu is making sense small small

9 Likes 2 Shares

teadrake(m): 5:09pm On May 26, 2020
He don red for greedy governors.

12 Likes 2 Shares

Re: States’ Legislature, Judiciary Financial Autonomy: FG Releases Details by Nobody: 5:09pm On May 26, 2020
The Best President in the history of Nigeria
God Bless President Buhari
God Bless Federal Republic of Nigeria

23 Likes 5 Shares

Built2last: 5:10pm On May 26, 2020
This is nice from Bubu

3 Likes 2 Shares

vcente(m): 5:10pm On May 26, 2020
Next should be state mineral resources

5 Likes

Kenmatt(m): 5:10pm On May 26, 2020
It's a good one. That's why some governors are forming Super human.

If these guys really become independent in finance, it will not only be theoretical to impeach governors but practical.

16 Likes 2 Shares

Latidoh1: 5:11pm On May 26, 2020
I have released some very cheap cars from Europe. Check my profile and patronize me
sniperr007(m): 5:11pm On May 26, 2020
This is good.

Now States should fight for autonomy from from FG and decentralise the government.

5 Likes

iLegendd(m): 5:11pm On May 26, 2020
Coro reset. Let's see how things unfold.
abumeinben(m): 5:12pm On May 26, 2020
Can someone break this down to simple mathematics?
AgroTrade: 5:12pm On May 26, 2020
smiley


Government of chop I chop grin

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