An Akure based Lawyer, Mr Femi Emmanuel Emodamori has written a letter to Governor Lucky Aiyedatiwa to request him to comply with Ondo State High Court’s judgment on financial autonomy for Ondo state judiciary and state House of Assembly, in line with section 121(3) of the constitution of the Federal Republic Of Nigeria, 1999 (as amended).
Below is the details of the letter;
Our Ref: FEE/ODS/GOV/L.23/024
The Governor of Ondo State Governor’s Office Alagbaka G.R.A Akure.
Through The Honourable Attorney-General & Commissioner for Justice Ondo State Ministry of Justice Alagbaka, Akure
Your Excellency,
REQUEST TO COMPLY WITH ONDO STATE HIGH COURT’S JUDGMENT ON FINANCIAL AUTONOMY FOR ONDO STATE JUDICIARY AND STATE HOUSE OF ASSEMBLY, IN LINE WITH SECTION 121(3) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)
I recall having the privilege to meet Your Excellency at the Governor’s Office, Alagbaka G.R.A, Akure on 20th August, 2024, during which Mr. Governor restated his unwavering commitment to ensuring total compliance with the statutory provisions regarding the financial autonomy of the State Judiciary
and the State House of Assembly.
As I restated in that meeting, the administration of late Arakunrin Rotimi
Akeredolu, SAN, in which Your Excellency served as the State Deputy Governor, did fantastically well in terms of infrastructure, security and other critical areas of governance. Regrettably, however, the administration did not achieve much in terms of compliance with Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) regarding the financial autonomy for the State Judiciary and House of Assembly.
This unfortunate and unhealthy situation prompted me to institute Suits AK/18M/2024 and AK/19M/2024 at the Ondo State High Court against the Governor, the Attorney-General, the Commissioner for Finance and the
Accountant-General, amongst others, to seek compliance with the sacrosanct provisions of the Constitution guaranteeing financial autonomy for the Legislative and Judicial Arms of government.
Hon. Justice A.O. Adebusoye delivered what Nigerians have celebrated as painstaking, well- researched and quite impeccable judgments in the two cases on 7th October, 2024. I have attached the Certified True Copies of those Judgments (see Annexures 1 and 2) for Your Excellency’s prompt directive on compliance, in line with the avowed commitment of this administration to the rule of law and the financial autonomy of the Judiciary and the State House of
2Assembly, as restated by Your Excellency during the meeting referred to earlier.
Instructively, Your Excellency, Section 121(3) of the Constitution which
provides for the financial autonomy of the two other arms of Government is
considered to be so crucial to the nation that the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No.6) Act, 2023 was enacted in 2023 to further provide for every necessary detail(s) on how and when monies due to the State Judiciary and the State Legislature should be released to them, the composition and responsibilities of a Disbursement Committee for that purpose, and the sacred duties of the State Accountant-General to furnish the Disbursement Committee with gross inflow from the Federal Account Allocation Committee (FAAC) and internally-generated revenue, not later than seven days after the FAAC meeting for the month.
The amendment has also imposed a constitutional obligation on the State
Commissioner for Finance and the Accountant-General to “make full
disclosure of all revenues that accrue to the State and release funds to the
House of Assembly of the State and Judiciary of the State, not later than
one week after the funds have become due.
Your Excellency must be very proactive and vigilant in ensuring compliance
with these fundamental constitutional provisions, which formed the kernel
of the two Judgments attached.
To allow any public servant under Your Excellency to sabotage these
constitutional provisions may be tantamount to allowing them to set a
dangerous booby trap for the office of the Governor, which would ultimately
be held accountable and responsible for any real or perceived diversion of
funds belonging to the two other arms of Government.
This was the hint conveyed by Hon. Justice Niki Tobi, JSC (of blessed memory) in his judgment in INAKOJU V. ADELEKE (2007) 4 NWLR (PT 1025) 423 AT 586-587, where His Lordship enumerated some of the instances of “gross misconduct” by a Governor or Deputy Governor constituting impeachable offences to include “Abuse of fiscal provisions of the Constitution.”
We have a collective duty to ensure full and prompt compliance with the
sacred provisions of Section 121(3) of the Constitution and the authoritative
Judgments of the Court attached as Annexures 1 and 2, in the interest of
peace, order and good governance of Ondo State.
I am sure that, in line with the avowed commitment of this administration to
upholding the financial autonomy of the State House of Assembly and the
State Judiciary, Your Excellency would not hesitate to direct the Honourable
Attorney-General, the Hon. Commissioner for Finance and the State Accountant- General to ensure full and prompt compliance with Section 121(3) of the Constitution as ordered in Annexures 1 and 2.
Your Excellency, please accept, as usual, the assurances of my highest
esteem.
Yours faithfully
Femi Emmanuel Emodamori
Cc:
- The Commissioner for Finance
Ondo State Ministry of Finance
Akure. - The Accountant-General of Ondo State, Office of the Ondo State Accountant-General
Alagbaka, Akure. - The Nigerian Bar Association
Ondo State Branches. - Ondo State House of Assembly Service Commission, State House of Assembly Complex Alagbaka G.R.A
Akure. - Ondo State Judicial Service Commission, State Judicial Service Commission Office Oke-Eda, Akure.
Dear Sir/Madam, The above is for your information and necessary action, please.
Yours faithfully
Femi Emmanuel Emodamori
