Governors sue Buhari over court funding

The 36 states of the federation are challenging President Muhammadu Buhari’s “unconstitutional” executive order on the judiciary at the Supreme Court.

The Presidential Executive Order No. 00-10 of 2020 Buhari signed in May borders on what tier of government would fund the courts.

The states argue that the president’s executive order illegally pushed the responsibility of funding the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal to the state governments.

Sections 6 and 8(3) of the 1999 Constitution makes it the responsibility of the Federal Government to fund the listed courts, the states argue through their attorney generals.

“Since the 5th of May 2009, the defendant had not funded the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of the plaintiffs’ states, apart from paying only the salaries of the judicial officers of the said courts,” they contend.

“The plaintiffs’ states have been solely responsible for funding the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of the plaintiffs’ states, which the defendant has failed and/or refused to fund,” they said.