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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.
The Minister of Power, Adebayo Adelabu has formally resigned from his position in the Federal Government to pursue his governorship ambition in Oyo State.
In a resignation letter dated April 22, 2026, and addressed to the President, Adelabu stated that his resignation will take effect on April 30, 2026, to enable him to focus on his governorship ambition in Oyo State.
The letter, routed through the Office of the Secretary to the Government of the Federation, stated that he was stepping down with “a deep sense of honour and profound gratitude.”
He wrote, “I write with a deep sense of honour and profound gratitude to formally tender my resignation as the Honourable Minister of Power of the Federal Republic of Nigeria. This resignation is to take effect on 30th April 2026, in order to allow sufficient time for a smooth and orderly handover of responsibilities.”
Adelabu thanked the President for the opportunity to serve, describing his appointment as a privilege.
He said, “Your Excellency, I remain sincerely grateful for the privilege and confidence you reposed in me by appointing me to serve our great nation in this capacity.
“It has been a rare honour to contribute to national development under your leadership and to play a role in advancing reforms in the power sector—one of the most critical foundations of Nigeria’s industrial growth and economic transformation.”
The former minister said his resignation was to enable him focus fully on his governorship ambition in Oyo State, citing provisions of the amended electoral law.
He added, “My decision to step down is informed by my intention to focus fully on my gubernatorial ambition in Oyo State. This aspiration, which dates back to 2016 during my service as Deputy Governor of the Central Bank of Nigeria, ultimately led to my voluntary resignation from the Central Bank in 2018 in order to pursue the same goal.”
“In line with the provisions of the Amended Electoral Act 2026, which preclude political office holders from contesting elections, I consider it both appropriate and necessary to resign at this time.”
Adelabu’s exit marks a major political development ahead of the next electoral cycle, particularly in Oyo State, where he is expected to contest the governorship election.
The Presidency has clarified that Wale Edun (former Finance Minister) and Ahmed Musa Dangiwa (former Housing Minister) voluntarily resigned from their positions and were not sacked by President Tinubu.
In a statement released this evening April 22, presidential media aide, Bayo Onanuga, said that contrary to public opinions, Wale Edun resigned on health grounds while Dangiwa also tendered his resignation and thanked the President for the opportunity given him to serve in the Federal Executive Council.
Onanuga stated that Edun, who clocked 70 on Monday and has battled recent ill health, fittingly submitted his resignation letter on his birthday, thanking the President for the opportunity to serve Nigeria.
“It has been a pleasure and privilege to serve your administration and the Renewed Hope Agenda, Under your leadership, Nigeria has emerged stronger, more resilient and more internationally respected. I wish you and the administration every success in the future” he wrote
Onanuga stated that on Tuesday, before the Office of the Secretary of the Government of the Federation announced his departure from the Cabinet, Edun paid a valedictory visit to the President at the Villa and held an hour-long discussion with the president and then left to focus on his private businesses.
The presidential aide stated that President Tinubu has expressed deep appreciation to Edun and Dangiwa for their dedicated service and significant contributions to the administration’s economic reform programme and wished them continued success in their future endeavours.
‘’In the same vein, the President has urged the new Minister of Finance, Taiwo Oyedele, to consolidate ongoing reforms and advance the administration’s fiscal and economic objectives with renewed focus, discipline, and innovation.
President Tinubu will shortly send the ministerial nominee for housing, Muttaqha Rabe Darma, also from Katsina, like Dangiwa, to the Senate for confirmation” the statement concluded
Nigeria’s retail lender, Unity Bank Plc, alongside leading climate innovation experts, has called for increased investment in the green economy and the adoption of frontier technologies as critical pathways to driving economic resilience and reducing the impact of climate change on vulnerable populations across Africa.
The call was made during a thought-provoking webinar hosted by the Bank to commemorate this year’s Earth Day, themed “The True Cost of Climate Change and Who Pays?”. Climate experts and stakeholders convened to examine the human, economic, and institutional costs of climate change, while spotlighting practical solutions to address its growing impact.
In his opening remarks, Unity Bank’s Head of Strategy and Innovation, Ibukun Coker, emphasised the urgency of addressing climate risks from both a societal and business perspective.
He said: “Climate change is no longer a distant or abstract challenge. It is an existential threat with direct consequences for individuals, businesses, and economies. At Unity Bank, we recognise the role institutions must play in incorporating sustainability in project financing, supporting businesses and promoting solutions that build resilience in communities where we operate.”
The webinar featured Chinwe Udo-Davis, Founder and CEO of Instollar, and Oluwatosin Ajide, Programme Manager at the Nigeria Climate Innovation Centre, both of whom provided insights into the drivers of climate change and the pathways to mitigation and adaptation.
Speaking during the session, Udo-Davis highlighted the disproportionate burden which climate change places on underserved communities and the need for inclusive solutions.
“The true cost of climate change is not evenly distributed. Communities with the least resources are often the most affected, whether through energy poverty, environmental degradation, or limited access to sustainable alternatives. Addressing this imbalance requires intentional investment in clean energy solutions that are both accessible and scalable.”
Ajide underscored the importance of coordinated, system-wide approaches in tackling climate challenges, particularly through innovation and policy alignment.
“Climate change is fundamentally a structural problem, and its solution requires a paradigm shift: from innovation and policy to financing and implementation. Stakeholders must work collaboratively to drive solutions that are sustainable and inclusive.”
The session also explored emerging opportunities in climate technology, renewable energy, and ecosystem financing, reinforcing the role of innovation and cross-sector collaboration in building long-term resilience.
By hosting the webinar, Unity Bank continues to demonstrate its commitment to advancing sustainability-focused dialogue and supporting initiatives that promote responsible growth and environmental stewardship.
The initiative underscores the Bank’s broader strategic focus on environmental sustainability as well as its commitment to financial inclusion.
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