By Ameh Ejekwonyilo
Abuja
Justice Ahmed Mohammed of the Federal High Court, Abuja, yesterday, declared as “unconstitutional, null and void” the practice whereby the executive arm of government disbursed budgetary funds to the judiciary.
A constitutional lawyer and human rights activist, Olisa Agbakoba, had dragged the Attorney General of the Federation and Minister of Justice (1st defendant), the National Judicial Council (2nd defendant) and the National Assembly (3rd defendant) to court, challenging the constitutionality of allowing funds meant for the judiciary to pass through the executive arm of government.
Agbakoba argued that the practice was in breach of constitutional provision as enshrined in Sections 81 (2) (3) (c) and 84 (2) (7) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Delivering judgement on the suit which the federal government had opposed for lack of locus standi, abuse of court process and no cause of action, the court said it would not hesitate to grant all the reliefs sought by the plaintiff.
Justice Mohammed declared that “the present practice on judiciary funding by the defendants, which is dependent on the Executive Arm in budgeting and release of funds is in violation of Sections 81 (2) (3) (c) and 84 (2) (7) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and, therefore, unconstitutional, null and void.”
Hence, the court granted an order of perpetual injunction against the defendants from all practices on judiciary funding which run contrary to Sections 81 (2) (3) (c) and 84 (2) (7) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), to wit, submitting judiciary’s estimates to the Executive instead of directly to the 3rd defendant (NASS) and release of the judiciary’s fund in warrants by the executive instead of directly to the 3rd defendant for disbursement.
It further granted a “consequential order restraining the 1st defendant (AGF) and 3rd defendant (NASS) from appropriating the funds for the judiciary in the Annual Appropriation Act.”