President’s Executive Order 10 Unconstitutional, Sup. Court Declares
The Supreme Court of Nigeria (SCN), today, declared as unlawful and unconstitutional the Executive Order 10 (EO10) issued by President Muhammadu Buhari on the funding of State Judiciary and Legislature.
In a divided decision, 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.
The majority decision also 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 agreed that the States were not entitled to be refunded all they have spent before now to maintain those courts.
The judgment was on the suit filed by the 36 States against the FG on the funding of the Judiciary and the constitutionality of the EO10.