Supreme Court Nullifies Buhari's Executive Order 10


Alt: = "President Mahammadu Buhari, and Chief Justice of the Federation, Tanko"

The Supreme Court of Nigeria  has on Friday,  nullified and declared unconstitutional the Executive Order 10 (EO10) issued by President Muhammadu Buhari on the funding of State Judiciary and Legislature.

The Supreme court in its ruling on the matter brought before it by the 36 states governors against the Federal Government, said that the President acted beyond his constitutional powers by issuing the Executive Order 10.

Six out of the seven members of the panel proceeded to void and set aside the EO10.

The six judges out the seven member panel also held that it was not the responsibility of the Federal Government to fund the capital and recurrent expenditures of the courts created for States under Section 6 of the Constitution.

In a unanimous decision, the  seven members agreed that the States were not entitled to be refunded all they have spent before now to maintain those courts.

What You Should Know

President Muhammadu Buhari in 2020 signed into law, Executive Order No 10 of 2020 captioned “the implementation of financial autonomy for state legislature and judiciary Order, 2020”.

The Order provided as follows:

  • To enforce financial autonomy for the states legislature and judiciary
  • Mandates states governors to pay the moneys appropriated for the legislature and the judiciary into consolidated accounts for the state legislature and judiciary as first line of charge.
  • Empowers the Accountant -General of the Federation to make deductions from allocations due to each state from Federation Account, any sums budgeted for the legislature and judiciary that the state executive defaulted in releasing to the legislature and/or the judiciary, and pay the moneys directly to the affected state's legislature and/or judiciary.

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