Emeka Okoye, a lawyer, has sued the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) and 36 governors for failing to implement financial autonomy for the courts.
His counsel, Oba Maduabuchi (SAN), is seeking an order of the Federal High Court directing FAAC (2nd defendant) to pay immediately to the National Judicial Council all sums standing to the credit of the judiciary in the suit marked FHC/ABJ/CS/502/2021 (NJC).
Okoye seeks an order instructing the Accountant-General of each state to pay immediately to each state’s chief justice all funds held to the credit of the judiciary in the Consolidated Revenue Fund (CRF).
The plaintiff urged the court to rule on whether it is permissible for a governor to include the judiciary’s budgetary expenditure, charged to the CRF, in the state budgetary estimates provided to the House of Assembly under Sections 121 (1), (2), and (3) of the 1999 Constitution (as amended).
Okoye contends that Nigeria adopted a federal system of government upon independence, with three tiers of government (Federal, State, and Local Governments) and three arms of government (Executive, Legislative, and Judiciary).
The plaintiff argued that the 1999 Constitution established ten courts for both the federation and the 36 states.
He stated that the same constitution provided for disbursements of funds due to the judiciary from the federation account to be made directly to the NJC and not to any other person or authority.
Okoye criticized the RMAFC for previously paying payments owed to the judiciary to the governors of the 36 states rather than the NJC and heads of court in the states.
“That direct payment of funds due to the judiciary to the governors of the 36 states is contrary to the spirit and language of the 1999 Constitution,” he claimed.
The suit’s hearing date has not yet been set.
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