The Supreme Court has annulled President Muhammed Buhari’s Executive Order 10, saying it’s not in line with the 1999 Constitution.

President Buhari had signed the executive order 10 into law in May 2020, granting financial autonomy to the legislature and the judiciary in the 36 states of the country.

The order also mandates the accountant-general of the federation to deduct from source amount due to state legislatures and judiciaries from the monthly allocation to each state for states that refuse to grant such autonomy.

In a suit by the 36 states against the federal government on Friday, 11 February 2022, the Supreme Court voided the order noting that the president overstepped his constitutional powers.

The verdict of the majority in a seven-member panel of Supreme Court judges states that the 1999 Constitution provides a “clear delineation between the state and federal government.” Adding that, “The president has overstepped the limits of his constitutional powers.”

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The supreme court judgment given by Justice Muhammed Dattijo also refused an order proposed by the 36 state governors to compel the Federal Government to pay them N66bn being an amount they claimed to have so far spent on capital projects for the three courts in their respective states.

“This country is still a federation and the 1999 Constitution it operates is a federal one. The Constitution provides a clear delineation of powers between the state and federal government.

“The President has overstepped the limit of his constitutional powers by issuing the Executive Order 10. The country is run on the basis of the rule of law,” Justice Mohammed said.

The six Justices against the executive order 10 are Muhammed Dattijo, Centus Chima Nweze, Hellen Ogunwumiju, Emmanuel Agim, Ejembi Eko and Adamu Jauro. Only Justice Uwani Abba-Aji was in support of the ruling.

Justice Uwani Abba-Aji’s claim to support the order was that it was in line with the provisions of the Constitution to enforce the separation of powers and functions.

According to Justice Uwani, “We are not unaware of the hanky-panky and subterfuge played by state governors against the independence and financial autonomy of state Judiciary.

“It is a pitiable eyesore what judicial officers and staff go through financially at the hands of state executives, who often flout constitutional and court orders to their whims and caprices.

“Thus, the presidential Executive Order 10 is meant to facilitate the implementation of the constitutional provisions…the Executive Order is to aid the states legislature and judiciary in curing the constitutional wrong of their financial autonomy, which the state have always denied. This is not unconstitutional.”

Meanwhile, there have been mixed reactions among legal practitioners over the Supreme Court’s ruling.

Former Second Vice Chairman of the Nigeria Bar Association, Mr. Monday Onyekachi said, “What it means is that the autonomy that the President himself was decreeing is no longer in a manner that all of us understand.

“I am really surprised that the Supreme Court said so because I have defended that Order 10 several times. But I am sure they must have done it with regards to the provisions of the constitution.

“If the federal government is not allowed to interfere with the judiciary at the state level, it then means that particular order will not be appropriate because it is more or less like imposing an order on a state when the President himself does not have the vires (the power).

“I am sure they must have looked at the provisions of the constitution vis-à-vis the powers of the federal government with respect to funding of the judicial system. So you cannot impose such a thing on them. That is what they are saying.

“I need to understand the full import of that judgment, but it’s something that I was a bit shocked to learn that that particular order was invalidated by the Supreme Court.  We need to really understand the import of that decision. It is very important.”

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Reacting to the judgment, Chairman of the Nigeria Governors’ Forum and Ekiti State Governor, Kayode Fayemi, said it was difficult for him to make a categorical statement until he receives a copy of the judgment on Wednesday, February 16, 2022.

“We have to receive a copy of the judgment, study it and understand its implication to the states before we can formally react,” he said

Senior Advocate of Nigeria, Chief Niyi Akintola, described the judgment as a welcome and pragmatic decision.

Chief Akintola said, “Executive orders should not take the place of legislation. Section 4 of the constitution vests the power to make laws in the National Assembly and the state assemblies.  They should be allowed to do their job.

“As a matter of fact, they ought to have challenged it in the state and the national assembles but they didn’t do anything.

“We thank the Supreme Court for rising up to the occasion to ensure that everybody keeps to his or her lane. Allowing the executive to make rules and laws is an invitation to dictatorship.”