Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.


Court nullifies executive control of judiciary funds

27 May 2014, 21:27

Abuja -  An Abuja Federal High Court on Monday declared as unconstitutional, null and void, the control and disbursement of funds meant for the judiciary by the executive arm of government.

Justice Ahmed Mohammed ordered that money belonging to the judiciary in the consolidated revenue of the federation must be fully paid directly to the National Judicial Council (NJC).

Mohammed was delivering judgment in the case brought against the executive by Olisa Agbakoba (SAN).

Agbakoba, a constitutional lawyer, had sued the Federal Government over the practice of passing judiciary funds through the executive.

Agbakoba had argued that the practice was in breach of Sections 81 (2) (3) (c) and 84 (2) (7) of the 1999 Constitution of the Federal Republic of Nigeria.

The Attorney-General of the Federation, the National Judicial Council and the National Assembly were joined in the suit as co-defendants.

In the judgment, Mohammed said, "the NJC shall prepare the judiciary's budget as charged upon the Consolidated Revenue and submit it to the Accountant-General of the Federation to transfer to NJC.

"A consequential order restraining the 1st defendant (FG) and 3rd defendant (National Assembly) from appropriating the funds for the judiciary in the Annual Appropriation Act, is hereby granted.

"The present practice of judiciary funding by the defendants, which makes the judiciary dependent on the Executive Arm in budgeting and release of funds, violates Sections 81 (2) (3) (c) and 84 (2) (7) of the Constitution.

"It is, therefore, unconstitutional, null and void’’, he said.

The judge further declared that Section 81 of the constitution guarantees financial autonomy of the judiciary.

The NJC, he said, ought not to send its annual budget to the budget office of the executive arm of government or any other executive authority as was practiced.

He ordered NJC to instead send its budget directly to the National Assembly for appropriation.

Mohammed also declared that the dependence of the judiciary on the executive arm for its budgeting and funding by warrants was directly responsible for the under-funding of the judiciary.

"This is also responsible for the poor and inadequate judicial infrastructure, low morale among judicial personnel, alleged corruption in the judiciary, delays in administration of justice and judicial services’’, he said.

 - NAN

For the latest on national news, politics, sport, entertainment and more follow us on Twitter and like our Facebook page.

Tags njc nigeria

Read News24’s Comments Policy

Comment on this story
Comments have been closed for this article.

Read more from our Users

Nigeria @ 56: Words to my green f...

A leader’s job is not to dictate, but rather to be respected, admired and be a trustee, of the land we love, with so much potential, a land which should be freer than free. Its still a long way to fufilling our destiny! Read more...

Submitted by
Isaac Asabor263
Recession: An opportunity for Nig...

The recession should be seen as an opportunity for the country’s promotion as long as we all collectively conduct ourselves in a patriotic manner, writes Isaac Asabor.  Read more...

Submitted by
Black and White

We want to imitate the whites in everything because we are ignorant of our inherent originality and content. We spend all our Naira to acquire his inventions because we so oblivious of our natural endowments that we allow him have it for free. Read more...

Submitted by
Nate Nat
Adamawa State University Mubi: A ...

ADSU integrity forum has accused the Sunday Joshua Wugira, a lawyer, of adopting unorthodox tactics by abusing his privilege by attacking the integrity of ADSU Vice Chancellor Dr. Moses Zira Zaruwa, writes a News24 reader. Read more...

Submitted by
Abdulsalam Jubril
My Country Nigeria (Part One)

Poetry by Abdulsalam Jubril.

Submitted by
Abdulsalam Jubril
Recession, dearth in leadership a...

Every leader has the opportunity to become great and making himself immortal in the lives and hearts of people for generations to come. Will Mr. President seize this opportunity?, questions Abdulsalam Jubril. Read more...