The Nigeria Governors’ Forum (NGF) yesterday made a volt-face on granting financial autonomy to the judiciary and the legislature.
The governors’ change of attitude is connected with the ongoing indefinite strike by the Judiciary Staff Union of Nigeria (JUSUN) pressing for financial autonomy for state judiciaries as enshrined in the 1999 Constitution, as amended, and the Executive Order 10 signed by President Muhammadu Buhari to strengthen the enforcement of the constitutional provisions for financial autonomy for the judiciary and legislative arms of government at the state levels
Chairman of the NGF and governor of Ekiti State, Dr Kayode Fayemi, who led other governors and representatives of both the judiciary and legislature to a harmonisation meeting with the chief of staff to the president, Prof Ibrahim Gambari, at the Presidential Villa, Abuja, yesterday said all parties had reached an agreement on the issue.
Addressing journalists at the end of the meeting, Fayemi said although the governors would not fix a time-frame for the implementation, it would not be later than the end of May.
He said the meeting had reached conclusions agreeable to all the parties involved.
“We are here for legislative and judicial autonomy and the governors, the speakers and the judges are on the same page, as far as this issue is concerned.
“We just emerged from a meeting with the solicitor-general of the federation, the representatives of the judiciary, the representatives of the conference of speakers, and house of representatives and we are on all fours. An agreement has been reached.
“First, the issue is about implementation. There has been no objection from governors on judicial and legislative autonomy. As a matter of fact, it would not have passed if governors were not in support in the first instance, in the state assemblies. “So that issue has been fully and holistically addressed, but we don’t just want to agree to something on paper without working out the modalities for implementation.
“Thankfully, the meeting we have just emerged from, with the chief of staff to the president chairing, has worked out the modalities to the satisfaction of all parties.
“We are not going to put a time-frame in the air, but it will be implemented as soon as possible, definitely no later than the end of May 2021,” he said.
The NGF chairman therefore appealed to the JUSUN to return to work.
“In the interest of the nation, we believe that the striking workers should return to their offices because as far as this has gone, we have met with all the parties concerned.
“The President, through the Chief of Staff, has been insisting on this matter and has been monitoring what has been happening and I think we are basically at a position where whether you speak to the conference of speakers’ chairperson or you speak to me or you speak to the representative of the judiciary or you speak to the solicitor-general of the federation, you will hear that we are speaking with one voice on the implementation and no later than May, you will start seeing the implementation of the agreement that we have reached,” he added.
Fayemi was in the company of the governors of Sokoto State, Mr. Aminu Tambuwal, Simon Lalong (Plateau), Atiku Bagudu (Kebbi); chairman, Conference of Speakers of States Assembly, Mr. Abubakar Suleiman, solicitor-general of the federation and permanent secretary of the ministry of justice, Mr. Dayo Akpata and senior special assistant to the president on Niger Delta Affairs, Mr. Ita Enang.
Meanwhile, the NBA has cautioned the federal government and the national assembly against negotiating with state governors on the independence of the judiciary.
It said it was aware of plans by the governors to meet with the federal government and the leadership of the National Assembly, adding that both the executive and legislature lacked the rights to negotiate on constitutional provisions.
Speaking during a protest march in solidarity with JUSUN, the NBA first vice president, Mr. John Aikpokpo-Martins, said it would be in the best interest of the nation for the governors to obey the laws.
He said all over the country, NBA branches were meeting with governors to urge them to comply with the constitutional provisions on the financial autonomy for the judiciary.
He added that they were at the national assembly to also urge lawmakers to speak with the executive to prevail on the governors to comply just like the federal government.
“We are aware that governors are seeking to negotiate; we are against it. We want to pass a message across that you have no right to negotiate provisions of the constitution,” he stated.
Aikpokpo-Martins said the governors should obey the constitution and judgments of the courts which were not appealed against or vacated.
He said Executive Order 10 was a product of an all-inclusive meeting of all stakeholders in the judiciary, including the governors, before Buhari signed it into law last year.
According to him, the parties at the meeting then agreed that the Accountant General of the Federation should pay directly to the heads of court without recourse to the governors.
Aikpokpo-Martins urged the federal government to garnishee accounts of state governments and pay directly to respective state judiciaries allocations due to them from funds due to states from the Federation Account.
He said failure to do so would not only amount to betrayal of the people but would portray them as accomplice with the governors.
Aikpokpo-Martins also criticised the leadership of the National Assembly for failing to receive them in spite of their earlier letter informing them of their visit.
He described as shocking the conduct of the national assembly, saying he was unable to understand why they should be shut out.
