An Ondo State High Court has invalidated key sections of the Ondo State Judiciary Funds Management (Financial Autonomy) Law, 2021.
The court found these sections to be in violation of Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999, which guarantees financial independence for the State Judiciary.
In the landmark judgment delivered by Justice Ademola Enikuomehin today (2nd July 2024) in Suit HOW/12/2024: FEMI EMMANUEL EMODAMORI VS. THE GOVERNOR OF ONDO STATE & ORS, the Court also held that the Claimant, Femi Emmanuel Emodamori, and indeed every Nigerian who alleges a breach of the Constitution and establishes sufficient interest in a matter, has the locus standi or legal right to approach the Court for redress.
The Judge relied on several recent decisions of the Supreme Court and the Court of Appeal on locus standi in constitutional matters to dismiss the preliminary objection filed by the Defendants in the case.
The Suit was instituted through an Originating Summons in March 2024 by the Claimant (a Lawyer), in person, against the Governor of Ondo State (Lucky Aiyedatiwa), the Attorney-General of Ondo State (Kayode Ajulo, SAN), and the State House of Assembly, listed as the 1st to 3rd Defendants respectively.
After a thorough review of the arguments of the parties, the Court granted the reliefs sought by the Claimant as follows:
“A DECLARATION that Sections 3 (1), (2) (a) –(l), 4, 5, 6 (3), 8, 9, 10, 11, and 14(4) & (5) of the Ondo State Judiciary Funds Management (Financial Autonomy) Law, 2021 enacted by the Defendants are null, void, and of no effect whatsoever, for being inconsistent with Section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which guarantees financial autonomy for the State Judiciary, to the extent that those Sections of that Law create and dictate the compositions of committee(s) to manage the State Judiciary funds, the contract approval mandate(s) or limits for the committee(s) and Heads of Courts, and compulsory supervision of all Ondo State Judiciary new building and major building renovation contracts by some departments or public servants under the 1st and 3rd Defendants, who must be paid supervisory/professional fees from the budgeted vote of the Judiciary.
“A DECLARATION that the Defendants lack the power to abridge, expand, or in any way alter the specific powers and/or responsibilities conferred on the Ondo State Judicial Service Commission by a community reading of Section 197 (1) (c) and (2), Part II of the Third Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and other section(s) thereof, by enacting Sections 3 (l), 4, 5, 8 (c) and 11 of the Ondo State Judiciary Funds Management (Financial Autonomy) Law, 2021 conferring powers or responsibilities on the Commission to participate in or superintend the award of contracts by or on behalf of the State Judiciary.
“A Declaration that the additional powers and/or responsibilities conferred on the Ondo State Judicial Service Commission by the Defendants in Sections 3 (l), 4, 5, 8 (c) and 11 of the Ondo State Judiciary Funds Management (Financial Autonomy) Law, 2021 to participate in or superintend the award of contracts by or on behalf of the State Judiciary are ultra vires, illegal, unconstitutional, null, and void.
An Order nullifying Sections 3 (1), (2) (a) – (l), 4, 5, 6 (3), 8, 9, 10, 11, and 14(4) & (5) of the Ondo State Judiciary Funds Management (Financial Autonomy) Law, 2021.
While speaking to newsmen after the Judgment, Femi Emmanuel Emodamori said: “The Judgment represents a watershed in our collective quest for a truly independent State Judiciary that is free from the financial strangulation and suffocation of the executive and legislative arms of Government as envisaged in Section 17 (2) (e) of the Constitution.”
The lawyer further explained that “The judgment simply means that the State Judiciary must be allowed to determine how to manage both its capital and recurrent expenditure.”
