Nigerian Supreme Court, on Friday, declared that the Executive Order 10 (EO10) on the funding of State Judiciary and Legislature, was unlawful and unconstitutional.
Back in 2020, it was reported that 36 state governments filed a suit against the Federal Government over the funding of superior courts created by Section 6 of the constitution.
The states, in the suit with Ref. No. SC/655/2020, had asked the apex court to declare, among others, that it is the responsibility of the Federal Government to bear both the recurrent and capital expenditures.
Governors of the 36 states also demanded a refund of the N66 billion they spent on maintenance of courts in their domain, insisting it’s the responsibility of the Federal Government to maintain such courts.
In a split decision on Friday, a majority of the court’s seven-member panel agreed that the President exceeded his constitutional powers in issuing the Executive Order 10.
Six of the seven members of the panel proceeded to void and set aside the EO10 issued by President Muhammadu Buhari.
The apex court also dismissed the N66 billion suit filed by the state governors against the Federal Government.
On Oct. 4, 2021, the Federal Government told the Supreme Court that it cannot continue to fund state courts.