Buhari To Issue Executive Order On State Legislature, Judiciary Autonomy

The Presidential Committee on the Implementation of autonomy of State legislature and State judiciary on Tuesday submitted its report to President Muhammadu Buhari at the State House, Abuja.

The Committee which was chaired by the former Attorney General of the Federation, AGF and Minister of Justice, Abubakar Malami recommended the signing of Executive Order by the President for the immediate take-off of the implementation of the autonomy for states legislature and the judiciary.

Speaking with State House correspondents after submission of the report, Malami said, “Well, substantially, arising from the position of the President relating to the deepening of democracy relating to upholding the provisions of the 1999 Constitution of the Federal Republic of Nigeria as amended, within the context of governance, Mr. President had sometimes back in March, 2019, precisely, put in place a committee.

“That committee was mandated to package and make recommendations as it relates to the application, operations and observance of section 121 of the Constitution which establishes the autonomy of the States Legislature and Judiciary.

“So, the intention of the committee is to see what can be done with effect to the Constitutional order with respect to the autonomy of the states Legislature and Judiciary in the context of the provisions of the Constitution.

“So, today, the committee has concluded its assignment substantially by way of making available to the President, an interim report indicating the modalities this should follow with due observance of the provisions of the section 121 and due observance of the sustenance of the independence of the States Legislature and Judiciary.

“So, it is about the Constitutional order, it is about the sustenance of the requirements of the Constitution as it relates to the independence of the Legislature and the Judiciary and the committee has presented its report to Mr. President.” he added.

On how soon the implementation will commence, he said, “Well, the independence has already been established by the Constitution so, it is now about the implementation of the modalities and amongst the recommendations made to Mr. President is an Executive Order by the President designed to give effect to the implementation of section 121 which Constitutionally establishes the independence of the two arms of government.

“So, it is about the application, Operation and enforcement of the provisions of the Constitution and with the signing of the Executive Order, l believe the necessary formalities of the wholehearted implementation of this provisions will come into effect.”

On his continued membership of the committee despite Cabinet dissolution, Malami said, “I am here based on the powers of Mr. President who exercises the powers of his prerogatives to appoint anyone, and as a Nigerian for that matter. This remains a prerogative of Mr. President.”

According to a statement by the Special Adviser on Media and publicity, Femi Adesina, President Buhari said efforts to ensure autonomy for state legislatures and judiciary will further strengthen democracy and deepen inclusiveness of citizens by guaranteeing fairness for ordinary Nigerians.

Buhari said the government will study the report and recommendations, and take an appropriate decision.

“I went through a terrible time getting here for the three times I contested elections. That’s why I want to stabilise the system so that others will not pass through the same experience.

“Both young and ordinary Nigerians depend on leadership to ensure justice is always done. So we must ensure that trust is not compromised. This administration will take the report seriously,’’ he added.

In his remark, the Chairman of the Committee, immediate past Minister of Justice and Attorney General of the Federation, Abubakar Malami, said implementation of the recommendations will entrench constitutionalism, democratic principles and separation of powers.

“The recommendations clearly spell out that if uniform modules for implementation of financial autonomy for the state legislature and state judiciary are approved for implementation across 36 states, it will no doubt strengthen Nigeria’s democratic principles, practices and public governance,’’ he said.

Malami added that the committee had observed that most states honoured the constitutional provisions for financial autonomy in the breach, than in observance, noting that the legislature and judiciary remain the last hope of the common man and should be given autonomy.

He said the committee consulted with state governors, Chief Judges of states, Speakers of State Houses of Assembly, Civil Society Organizations and relevant stakeholders, including members of the public.

The Presidential Implementation Committee on Financial Autonomy of State Legislature and State Judiciary was inaugurated by President Buhari on March 22nd, 2019, to fashion out strategies and modalities for implementation of the financial autonomy of the state legislature and state judiciary in compliance with Section 121 (3) of the 1999 constitution (As Amended).