BREAKING: Supreme Court declares Executive Order 10 unlawful; dismisses governors’ N66bn suit

The Supreme Court has declared as unlawful and unconstitutional, Executive Order 10 (EO10) on the funding of State Judiciary and Legislature.

In a split decision on Friday, a majority of the court’s seven-member panel agreed that the President exceeded his constitutional powers in issuing the EO10.

Six out of the seven members of the panel proceeded to void and set aside the EO10 issued by President Muhammadu Buhari.

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The apex court also dismissed the N66 billion suit filed by the state governors against the Federal Government.

This online platform reports that the order is for the implementation of Financial Autonomy for the State Legislature and Judiciary.

President Buhari according to the order, intends that 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.

The President argued that his decision was based on Section 5 of the Constitution of the Federal Republic of Nigeria 1999 (as Amended).

The order has now been declared void by a Supreme Court decision on Friday which in which six out of the seven justices in a majority decision held that it was not the responsibility of the Federal Government to fund the capital and recurrent expenditures of the superior courts created for States under Section six of the Constitution.

All the seven members also agreed that the States were not entitled to be refunded all they have spent before now to maintain those courts.

The judgment is based on the suit filed by the 36 States against the FG on the funding of the Judiciary and the constitutionality of the EO10.

Previously, President Buhari had in the wake of the controversy generated by the order, also ordered the suspension of the publication of Executive Order 10 in the Federal Government’s Official Gazette.

The publication of Executive Order 10 would have commenced the application of the Order.

President Buhari, it was gathered, suspended the publication so as to give more time for adequate consultations among stakeholders after meeting with members of the Nigeria Governors’ Forum (NGF), led by its Chairman, Governor Kayode Fayemi of Ekiti State.

Members of the NGF had also confirmed the postponement of the publication at their 10th teleconference on COVID -19 held back in June 2020.

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