Governors ‘should stop’ holding funds meant for legislature, judiciary

Some stakeholders have complained about the poor compliance to the financial autonomy granted the legislature and judiciary of respective states in the country.

In a statement issued at the end of a two-day conference in Abuja, the stakeholders comprising Abubakar Malami, attorney-general of the federation, Ita Enang, a presidential aide, commended President Muhammadu Buhari for assenting to the fourth alteration bill which grants the houses of assembly and judiciary of states financial autonomy.

The president had, in December 2018, constituted an implementation committee to drive the actualisation of the autonomy.

The stakeholders complained that many states have fallen short of compliance while calling for the adoption of “the budgeting model operating at the federal level where the sum due to the judiciary and the legislature are captured as first line charge in the budget laid before and passed by the legislature”.

Among the demands they made were the call for: “the budget proposal of the legislature and judiciary should be defended before the relevant committees of the legislature”.

“That the total sum, both capital and recurrent, approved in the annual budget of the state, be released monthly on a pro–rata basis by the accountant-general of the state, directly to the heads of the legislature and the judiciary, and heads of judicial service committee or commission,” they said in a communique.

“That the budgeted sum, capital and recurrent howsoever described, be released to the judiciary to be spent by the judiciary on the projects, programmes and capital development of the judiciary, including recruitment and training of personnel. And so for the legislature.

“That the current practice in some states where appropriated recurrent expenditure due the judiciary and legislature in the budget, are released to the judiciary and legislature and the capital components are warehoused in the executive is hereby abolished.

“That the model budget template of the judiciary and legislature, the strata of line consultations and inter arms, as well as inter-agency pre-budget consultations and front loading as already done in some states, be adopted.”

They also demanded the creation of “a state allocation committee comprising the commissioner of finance, the accountant general of the state, the clerk of the state house of assembly, the chief registrars of high courts, sharia court of appeal and customary courts, the secretary of the judicial service commission/committee and the secretary of the state assembly service commission if any, for the purpose of determining the amount due to each arm of government based on the budgetary provision but subject to the funds available to the state.

“The retirement benefit and pensions of judicial officers of superior courts of records in the state should be paid by the national judicial council as they receive their salaries and allowances from the NJC while in office.

“Encourage all state houses of assembly to pass funds management law or budget process law by whatever name called, as a legal framework that will ensure judicious budgeting and use of funds accrued to the state.”

The communique was signed by Malami, Enang, Paul Usoro, president of the Nigeria Bar Association (NBA); Nasiru Ajanah, chief judge, Kogi state and 18 others.

The Nigeria Governors Forum (NGF) had pledged commitment to full implementation of the autonomy.