Former President, Nigeria Bar Association (NBA), Mr Olisa Agbakoba SAN, has filed a suit against Ekiti State Attorney General, over non payment of the state’s judiciary Consolidated Revenue Fund directly to the head of the judiciary, contrary to Section 121(3) of the 1999 Constitution.
In a suit filed through an originating summon, at the Ekiti State High Court, the plaintiff, who is a Life Bencher, joined the Ekiti State House of Assembly and the state’s Chief Judge as second and third defendants respectively.
Specifically, Agbakoba is asking the court to compel the Ekiti State Government to comply with the provisions of Section 121(3) of the 1999 Constitution, which provides that monies standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of court concerned.
Additionally, the plaintiff, who was also a one time chairman of judiciary committee of the NBA, is seeking a perpetual injunction against the defendants from all practices on judiciary funding which he claimed runs contrary to Section 121 (3) CFRN 1999, to wit, submitting judiciary’s estimates to the executive and release of the judiciary’s fund in warrants by the executive instead of directly to the heads of courts.
In a 16-paragraph affidavit and a written address in support of the originating summon, the plaintiff inter alia averred that, “Judiciary does not have sufficient funds to operate optimally as envisaged under the CFRN 1999. The judiciary depends on the executive for its budget and release of funds, which undermines the independence of the judiciary and courage of judges as there is constant need to survive.
“In furtherance of my desire to support and strengthen the judicial system, I conducted a compliance audit of state judiciaries across Nigeria and discovered that the Ekiti state government is in breach of Section 121(3) 1999 Constitution which provides that monies standing to the credit of the judiciary in the Consolidated Revenue Fund of the State shall be paid directly to the heads of court concerned. “I observed that contrary to the intendment of CFRN 1999, the Ekiti state executive arm controls the budget of the Ekiti state judicial arm, includes it in the State Annual Appropriation Bill and sends to the House of Assembly for appropriation.
“I know as fact that the funds standing to the credit of the Ekiti state judiciary in the Consolidated Revenue Fund of the State are not paid directly to the 3rd defendant. The 3rd defendant is paid in warrants. The funds are not received directly as stipulated in S 121 (3) CFRN 1999.
“I am aware that the proper thing is for the Governor to prepare the estimates of the ministries, departments and agencies under his control into an Appropriation Bill and lay before the State House of Assembly, the Judiciary prepares its own estimates and it is charged to the Consolidated Revenue Fund of the State.”
However, the defendants are yet to respond and no date has been fixed for hearing.
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