Agbakoba writes AGF on signed Executive Order 10

Dr. Olisa Agbakoba has written a letter to the Attorney General of the Federation Abubakar Malami welcoming recent signing of the Executive Order 10 by President Mohammadu Buhari

The Letter was  tiled RE: “Executive Order 10 on Implementation of Financial Autonomy for the State Legislature and State Judiciary and for other Related Matters”

Agbakoba wrote: “ We welcome the recent signing by the President of Executive Order No. 10 of 2020 which seeks to enforce financial autonomy for the Legislature and Judiciary of the 36 states of the Federation.

“The intendment of Executive Order 10 is to implement Section 121(3) of the Constitution of the Federal Republic of Nigeria (as amended) which the President as Chief Executive Officer of Nigeria has powers pursuant to Section 5 of the Constitution to enforce by requesting States to pay monies directly to the State Legislatures and Judiciaries.

“There is in place a body of case law which supports Executive Order 10 one of which is Agbakoba vs FG, The NJC & National Assembly Suit No. FHC/ABJ/CS/63/2013 decided in my favour by the Federal High Court in 2014.

“Any State in Nigeria that feels Executive Order 10 infringes its powers should approach the Supreme Court to challenge it but they should not forget that even if they are successful there is still a duty imposed by Section 121 (3) to pay monies directly to State Legislatures and Judiciaries.

“Without prejudice to the outcome of whatever case might be filed it is our view that a simpler form of Executive Order 10 would have avoided the seeming confusion which is simply withholding the states money on grounds of non-compliance with s121 (3) of the Constitution.

“Please accept assurances of our highest regard”.