The autonomy of the three arms of government is the very foundation of federalism. It is the foremost of its sterling attributes and its most selling points. This concept is well embedded—in principle—in Nigeria’s federalism. A cursory look at the Executive Order 10 of President Muhammadu Buhari declaring financial autonomy for the state legislature and judiciary makes no sense; as it is only stating the obvious. But a critical look at it reveals the grotesque reality of Nigeria’s federalism and will compel one to be convinced that the Executive Order is apt. Before navigating into the nitty-gritty of the presidential order vis-a-vis legislative and judiciary autonomy of the states, I will confess, tangentially, that I am one of those who hold that our affairs are being presided over by a ‘lifeless president’ or to be less blunt: a sleeping president who is not in touch with reality whose powers are hijacked by some unelected cabals. Or did he actually abdicate power to them? This EO 10 is least expected from the President and about to prove us wrong. Restoring this cardinal concept of federalism has the potential of bringing about the desired development which has eluded most states this long. We hope it will not be a tarmac order.
On the issue of autonomy, it is well stated in the 1999 Constitution of the Federal Republic of Nigeria (as amended): “Any amount standing to the credit of the (a) House of Assembly of the State; and (b) Judiciary; in the Consolidated Revenue Fund of the State shall be paid directly to the heads of the said bodies respectively; in the case of the judiciary, such amount shall be paid directly to the heads of courts concerned.”
The Executive Order was met with mixed reactions. While it is described as the best Sallah gift of the President by Mudasiru Obasa,Lagos Speaker, who is also the chairman of the conference of state speakers in Nigeria as the timing coincides with the period of festivity of the Muslims marking the end of Ramadan, it was outrightly rejected by the governors who consider it a well calculated attempt aimed at truncating their powers and relevance in the state. These reactions are not out of place; they are expected. Public office holders and people generally react to policies differently as they are differently affected. What is most important is that an executive order that aims at asserting a precious but discarded principle of federalism must be applauded if we truly practice federalism. What gives it overwhelming espousal is because it checks and balances the excesses of state governors who had been lording it over the other arms of government since 1999 which heralds the beginning of the longest democracy in Nigeria. In the words of Agbakoba “this executive order has the potential to kick-start the long awaited rebalancing of the federation”
Governors said EO 10 is against section 121 (3) of the constitution and sought audience with the President to avoid legal tussle and interpretation conundrum of the section which was also relied upon by the President. While some lawyers commend the President and describe EO 10 as laudable, others countered that as good as the decision may appear, the president lacked the legal authority to give such order as it is a constitutional matter. It is also argued that it is within the prerogative of the state government.
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In as much as the governors and their supporters do have right to express their grievances, it is to be noted that federalism presupposes a system whereby all arms of government shall have some appreciable degree of independence. This autonomy can only be guaranteed when one arm is not financially enslaved to the other arm(s). Put differently, the judges who are the custodians of justice cannot be just even if they so desire when their life line is tied to the apron string of the executive arm of government. Consequently, the law makers are by default— without option—lackeys of their pay masters (governors) who can strip them naked at will. The practice in most states of the federation today is such that makes separation of power a buried concept. An order to get it excavated by the President should be supported by all progressive minds.
Most states practice one party system because the judiciary is gagged. It is either you belong to the ruling party or you are ‘partyless’. Multy-partyism which seems to be the practice in Nigeria as evidenced in the number of registered political parties according to the Independent National Electoral Commission (INEC) is a pretence to the ideals of multi party democracy. What is obtainable at the state level is one party system. This is antithetical to democracy, progress and development. This has entrenched into our political system the winner-takes-all mentality. A situation that locks out an opposition voice—if at all it exists—from circle of government. In fact, in some states, belonging to opposition party is like committing apostasy.
It is hoped that financial autonomy of the legislature and the judiciary will bring sanity to the political landscapes in the states. Governors should learn to eat and swallow the humble pie and cure themselves from the domineering disease which makes it seems as if they are being robbed of their naturally endowed power which they consider inalienable.
Now that judges and state house of representatives shall be paid directly from the consolidated fund, let us hope that common citizens of the states will find justice in the law court. Let us hope that cases of electoral mal-practices will be judged without fear or favour. We hope our representatives will no longer be rubber stamps and challenge the executives to good governance and accountability. We finally hope to see many more policies, programs, directives, and orders from the President to convince sceptical Nigerians that our President is alive to his responsibilities.
*** Abdulkadir Salaudeen writes from the Federal University, Gashua. / [email protected]
