The 36 states have approached the Supreme Court to set aside the Presidential Executive Order No. 00-10 of 2020 which President Muhammadu Buhari signed on May 22, 2020 on the funding of the courts.
The suit, jointly filed by the states’ respective Attorneys-General, has the Attorney-General of the Federation as the sole defendant.
In the originating summons filed by their counsel, Austin Alegeh (SAN) dated September 16, 2020, the governors demanded an order compelling the Federal Government to refund and pay each of the state amounts expended for funding the capital expenditure of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal of the states of the federation.
The states are contending that the Order violates the provisions of Sections 6 and 8(3), and Item 21(e) of the Third Schedule to the Constitution 1999 which obligates the Federal Government with the “responsibility for funding all capital and recurrent expenditure of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal of the states of the Federation of Nigeria being Courts created under Section 6 of the Constitution of the Federal Republic of Nigeria.”
No date has been fixed for the hearing.