COURT UPHOLDS FINANCIAL AUTONOMY FOR ONDO STATE JUDICIARY AND STATE HOUSE OF ASSEMBLY; DIRECTS STATE’S ACCOUNTANT-GENERAL & COMMISSIONER FOR FINANCE TO RELEASE THEIR STATUTORY ALLOCATIONS TO THEM DIRECTLY WITHIN 21 DAYS
In two separate judgments delivered today, 7th October, 2024, in Suits AK/18M/2023 and AK/19M/2023, Hon. Justice A. O Adebusoye of the Ondo State High Court upheld the provision of Section 121(3) of the 1999 Constitution (As Amended by the 5th Alterations, No.6) Act, 2023, which grants full financial autonomy to both the Ondo State Judiciary and the State House of Assembly. I filed the two Suits against the State Governor, the Attorney-General, the Commissioner for Finance and the Accountant-General by way of Mandamus, seeking various declaratory reliefs and orders to compel the State Executive to enforce the provisions of the Constitution, guaranteeing the financial autonomy of the two other arms of Government.
In his judgment in Suit AK/18M/2023, the Judge made the following declarations and orders:
a. A DECLARATION that by virtue of Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (5th Alteration, No.6) Act, 2023, it is mandatory for the 1st to 3rd Respondents to pay any amount standing to the credit of the Ondo State Judiciary in the State’s Consolidated Revenue Fund directly to the State Judiciary under the management of the 4th and 5th Respondents (the Hon. Chief Judge and Chief Registrar of the High Court respectively).
b. A DECLARATION that by virtue of Section 121 (3) of the Constitution
of the Federal Republic of Nigeria, 1999 (5th Alteration, No.6) Act,
2023, it is mandatory for the 3rd Respondent to pay into the Ondo
State Judiciary Account monthly, monies due to the State Judiciary
by way of statutory allocations for both recurrent and capital
expenditures.
c. AN ORDER directing the 1st to 3rd Respondents to henceforth,
commencing not later than Twenty-One (21) days from the judgment of this Court, pay any amount standing to the credit of the Ondo State Judiciary in the State’s Consolidated Revenue Fund directly to the State Judiciary under the management of the 4th and 5th Respondents, in compliance with Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (5th Alteration No.6) Act,
2023.
