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Supreme Court Reserves Judgment As States Seek Refund Of N66bn Spent On Funding Judiciary
The 36 states of the federation have asked the supreme court to compel the federal government to refund about N66 billion spent on funding courts in the states.
Augustine Alegeh, who represented the states, said this on Monday while making submissions in the suit seeking to quash the presidential executive order 10 of 2020, which mandates state governments to fund the judiciary.
President Muhammadu Buhari, on May 22, signed the order granting financial autonomy to the legislature and the judiciary in the 36 states of the federation.
The order empowers the accountant-general of the federation to deduct funds for the state legislature and the judiciary from the federal allocations to the states.
In the suit filed by their respective attorneys-general, the states are contending the constitutionality of the executive order.
The plaintiffs said with the executive order, the federal government’s responsibility of funding capital and recurrent expenditures of state high courts, sharia court of appeal and customary court of appeal has been pushed to the state governments.
“Since the 5th of May, 2009, the defendant had not funded the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of the Plaintiffs’ states, apart from paying only the salaries of the judicial officers of the said courts,” the plaintiffs said in their statement of claim.
“The Plaintiffs’ states have been solely responsible for funding the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of the Plaintiffs’ states, which the Defendant has failed and/or refused to fund.”
According to them, section 81(3) of the 1999 Constitution, makes provision for the funding of the courts.
“That item 21(e) of the Third Schedule to the 1999 Constitution provides that the National Judicial Council (NJC) is to collect from the defendant and disburse all capital and recurrent expenditure in respect of all the courts established under Section 6 of the same Constitution,” the document reads.
“That Section 121(3) of the constitution makes provision for all capital and recurrent expenditures for courts not established under Section 6 of the constitution by the respective plaintiff’s states.”
While adopting their processes before the court, Alegeh argued that salaries, emoluments, remuneration and allowances of judges are not supposed to be in any appropriation bill.
He contended that under section 84(4) of the constitution, as amended, funds for such expenditure are captured in the consolidated revenue fund, not in the budget.
“Our position is that funds meant for the judiciary should be taken from the consolidated revenue fund and handed to the NJC for disbursement to heads of courts as stipulated in section 6 of the constitution,” he said.
“We have to admit to ourselves that what we are practising in this country is constitutional democracy and not true federalism.”
He also told the court that about N66 billion have been spent on the maintenance of state courts.
Responding, Tijani Gazali, counsel to the attorney-general of the federation (AGF), opposed the request of the plaintiffs.
He said executive order 10 was based on a judgment delivered by Adeniyi Ademola, a former judge of a federal high court, in a suit that was filed by the Judiciary Staff Union of Nigeria (JUSUN), in which the NJC, the AGF and the attorneys-general of the 36 states, were joined as respondents.
Gazali said since the states never appealed the judgment, the present suit at the apex court is an abuse of court process.
He further pointed out that the issue of salary and emoluments are expressly stated in the constitution as the responsibility of the federal government, but that the section was silent on funding of capital projects.
“We, therefore, urge my lords to dismiss this suit with a reasonable cost,” Gazali said.
However, Alegeh urged the supreme court to discountenance the argument by the AGF.
“This is a dispute between the state and the federal government. The states and the federal government were defendants in the case. The plaintiff was JUSUN,” he said.
“Even if a state had raised this issue before the federal high court, the federal high court would have no jurisdiction to hear the matter because the constitution provides that all disputes between states and federal government are to be determined by the supreme court.”
He also submitted that the judgment at the high court relates to section 121 of the 1999 constitution, “which deals essentially with funding of inferior courts (magistrate courts, area courts), and we have admitted that is our responsibility and we are meeting it”.
“JUSUN cannot raise a dispute between the states and the federal government. Only the states or the federal government can trigger the original jurisdiction to come to the supreme court,” he added.
Meanwhile, five senior advocates of Nigeria, were invited by the supreme court to offer legal opinion on the matter.
Adegboyega Awomolo, Olisa Agbakoba, Sebastian Hon, Mahmud Magaji and Musibau Adetunbi, were the senior advocates who announced their appearances as amicus curiae (friends of the court).
Awomolo, who took the position of the states, said “the defendants have admitted that they have been funding the recurrent expenditure of the states, but did not provide reasons why they have refused to fund the capital expenditure.”
He said it is the responsibility of the federal government to fund both recurrent and capital expenditure.
“My submission is that the presidential executive order 010 is unconstitutional,” Awolowo added.
On his part, Agbakoba said both the states and the federal government have breached the constitution.
He said the act of the Lagos state government in funding its state judiciary is contrary to the provisions of the constitution, but agreed that it is the responsibility of the federal government to fund both the recurrent and capital expenditure of courts.
He, however, maintained that the states are not entitled to a refund.
“Nobody sent them,” he said.
Hon, another SAN, also agreed with Agbakoba and Awomolo.
But Magaji and Adetunbi, in their remarks, said funding of the state judiciary is not the responsibility of the federal government.
The court, thereafter, adjourned the matter till a later date, which will be communicated to the parties involved.
Islamic cleric Sheikh Ahmad Gumi recently defended his past interactions with armed groups, stating he “took the bull by the horns” in 2021 as a necessary step to address Nigeria’s insecurity.
In a post shared on Facebook on Thursday, Gumi said decades of neglect of disadvantaged populations had created deep socio-economic inequalities, leaving many youths vulnerable to manipulation by external forces seeking to destabilise the country.
According to him, the widening gap between the rich and the poor has turned many young people into “ready-made foot soldiers” in cycles of violence that enable the exploitation of Nigeria’s resources.
He also criticised the political class for being largely unresponsive, while noting that the intellectual community is preoccupied with survival struggles.
Reflecting on his past efforts, Gumi said he “took the bull by the horns” in 2021 by attempting to reintegrate violent elements into society rather than allowing them to be further radicalised.
He wrote: “Nigeria for decades has ignored the underprivileged section of its society. There is a significant socio-economic discrepancy, and the society is stratified. This makes our teaming youth ready-made foot soldiers for any foreign interest trying to divide us and rule. To plunder our resources while we are involved in a vicious circle of violence.
”Unfortunately, the political class is unattentive while the intelligentsia is held hostage in the struggle for existence.
“In 2021, I took the bull by the horns in an attempt to bring some of these uncouth elements back to our fold rather than letting them be exploited by the devil.
“I still believe this is the only way out of our predicament. However, it needs the political will and determination to achieve.
“May Allah bring peace back to our nation.”
The Federal High Court in Abuja rejected an ex-parte application seeking to bar Senator Ireti Kingibe from participating in the activities of the African Democratic Congress (ADC).
Justice Peter Lifu declined the request from Wuse Ward leaders, ruling that such an order could not be granted without first hearing from the senator.
Instead, the judge ordered the ward leaders said to be loyal to the Minister of the FCT, Nyesom Wike, to put the senator on notice to appear in court to join issues with them on their grievances.
Justice Lifu in a ruling on Thursday held that discretion in such a request for prohibition from party activities and in political matters must be exercised judicially and judiciously.
The judge said justice would be met in the case of the plaintiffs only when the side of the defendant is heard on its merit, along with that of the plaintiffs.
Consequently, the judge ordered that Senator Ireti Kingibe should be served with all court processes by the plaintiffs to enable her become aware of the suit and to prepare her defense.
The judge fixed April 20, 2026, for the plaintiffs and the serving senator to appear before him for hearing of all applications in the matter.
Those who sued the senator in the suit marked FHC/ABJ/ CV/539/2026 are Okezuo Godfrey Anayo and Isaiah Ojonugwa Samuel, on behalf of themselves and ward members as plaintiffs. The senator is the sole defendant.
In their ex-parte application, Kingibe representing the FCT in the Senate was said to have been suspended on March 10, 2026 by her Wuse Ward executives following allegations of anti-party activities and disregard of your cnstitution of the ADC.
In the ex- parte application filed on their behalf by a Senior Advocate of Nigeria, SAN, Kolawole Olowookere, the aggrieved ADC members in Wuse Ward applied for an order of interim injunction restraining Kingibe from parading herself as a member of party, pending the hearing and determination of their motion on notice for interlocutory injunction.
They also asked the judge to restrain the senator from performing any function, attending meetings or performing activities reserved for ADC members or representing the party in any activities.
Besides, the Ward Executive Committee had asked that she be restrained from further interfering with the administration of the ward, ward register and other activities.
The suit was predicated on five grounds among which are that Mrs Kingibe was placed on suspension due to anti-party activities, gross misconduct and confiscation of the ward statutory records.
They argued that the suspension followed due process as enshrined in the ADC constitution and ratified by the two thirds majority of the EXCO members.
They averred that despite the communication of the suspension to Kingibe, she has continued to hold parallel meetings, issue press statements as an ADC member, and using her security details to intimidate the executive committee.
“Her actions constitute flagrant disregard to the internal mechanism of the party,” the plaintiffs stated.
Meanwhile, a lawyer, Abubakar Marshall who claimed to be representing the senator, announced that he had filed a preliminary objection against the suit. He added that it was served on M. S. Garba, who stood for the plaintiffs at Thursday’s proceedings.
The Chief of Army Staff (COAS), Lieutenant General Waidi Shaibu, visited Jos, Plateau State, on Thursday, April 2, 2026, to lead a high-powered security assessment following recent security breaches.
The visit was aimed at strengthening public confidence and reinforcing ongoing efforts to stabilize affected communities.
Colonel Appolonia Anele, acting Director, Army Public Relations, said in a statement that the visit forms part of ongoing efforts to restore calm and entrench lasting peace across the state.
According to the statement, upon arrival, the COAS was received by the Executive Governor of Plateau State, Caleb Mutfwang, in a clear demonstration of strong civil-military cooperation and a shared commitment to addressing emerging security challenges.
The statement said the COAS received a comprehensive operational briefing from the General Officer Commanding 3 Division and Commander, Joint Task Force Operation ENDURING PEACE, Major General Folusho Oyinlola, who highlighted ongoing operations and proactive measures being implemented in synergy with other security agencies to contain threats, protect lives and property, and stabilise affected communities.
“As part of his engagements, Lieutenant General Shaibu also interacted with community leaders and residents, reassuring them of the unwavering commitment of the Nigerian Army to safeguarding all law-abiding citizens.
He urged residents to remain calm, vigilant and supportive of security agencies by complying with the curfew and cooperating fully with ongoing operations and investigations, while going about their lawful activities.
The chairman of Jos North Local Government Area, Hon. Dachung Bagos, commended the COAS for the timely visit, noting that the presence of the nation’s top military leadership would boost public confidence and reinforce trust in ongoing security efforts.
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