‘Buhari’s executive order 10 is subversion of our federal system, unconstitutional’ vanguardnews
The Fourth Alteration to the Constitution of 2018 was aimed at stopping it, so far as concerns monies meant for the State Houses of Assembly. The Alteration neither adds to nor subtracts from the financial autonomy already granted to the Judiciary by the pre-existing section 121 of the Constitution.
1. “shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation.”It needs to be stated that the term this “Constitution” includes the Fourth Alteration granting financial autonomy to the State Houses of Assembly and Judiciary.
One of the most fundamental provisions to which the President’s executive power is made subject under section 5 above is the provision dividing powers of government between the Federal Government and the State Governments under sections 4, 5 and 6, the effect of which is to establish a federal system of government for the country.
The Act makes it a criminal offence for any organ, authority or official of a State, however, described or constituted, to alter, deduct or re-allocate funds standing to the credit of the State Joint Local Government Account” , and prescribes as punishment therefor, “a fine twice the amount altered, deducted or re-allocated illegally, or imprisonment for a term of five years, or both such fine and imprisonment ).
The Constitution of a federal state cannot reasonably be supposed to have contemplated that, in the discharge of that role, the Federal Government should prescribe terms or conditions so utterly at variance or subversive of the very notion of federalism as a system of government. The Supreme Court also held that allocation of money from the Federation Account direct to local government councils without channelling it through the State Governments, which will then divide and pay it over to their local government councils, as directed by the Constitution, is unconstitutional, null and void, op.cit at pages 27 and 35.
WHETHER, LEAVING ASIDE THE OPENING WORDS “SUBJECT TO THE PROVISIONS OF THIS CONSTITUTION,” THE OTHER PROVISIONS OF SECTION 5 AND AUTHORISE THE MAKING OF EXECUTIVE ORDER 10? The power to execute and maintain the Constitution is, admittedly, a cardinal power, but it does not enable the President to issue Executive Order 10 for two main reasons;
Arguably, Nigeria can hardly continue to exist, except under a federal arrangement truly be-called. Gen Yakubu Gowon , as the then Head of the Federal Military Government, affirmed this as long ago as 1966 when he said: “the incidents of May last in Northern Nigeria following the tendencies to extreme unification during the period after January 17 points to one and only one thing.
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