Connect with us

JUDICIARY

Supreme Court Reserves Judgment in the Funding of Courts Suit by 36 States

Published

on

Share

The Supreme Court has reserved judgment in the suit filed by the Attorneys General of the 36 states querying the legality of the Presidential Executive Order 10, 2020.

President Buhari had in the Executive Order he signed on May 22, 2020, made it mandatory for all states to include allocations of both the legislature and the judiciary in their Appropriation Laws.

This he said was in compliance with Section 121(3) of the 1999 Constitution (as Amended).

A seven-man panel of justices of the apex court led by Justice Musa Datijo, reserved their judgment  after listening to arguments canvassed by all the parties.

The states through their attorneys-general in a suit marked SC/655/2020, where the Attorney -General of the Federation was listed as the sole respondent, posed two questions for the Supreme Court to determine.

“Whether having regards to the provisions of Section 6 and 81(3) of the Constitution read together with item 121(3) of the third schedule, the defendant is not constitutionally obligated and or charged with the responsibility for funding all capital and recurrent expenditure of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal at the states of the Federation being courts created under Section 6 of the constitution.

“Whether considering provisions of Section 6, 80, 81, 120 and 121 whether the Presidential Executive order number 10 of 2020 made by the president on May 22, 2020 to compel the plaintiffs to fund State High Courts, States Sharia Courts of Appeal and Customary Courts of Appeal in violation of the Constitutional provisions vesting responsibility for funding the said courts on the federal government is not unconstitutional and unlawful.”

At the resumed hearing on Monday, while adopting their processes, counsel to the plaintiffs, Mr Augustine Alegeh, SAN, argued that salaries, emoluments, remuneration and allowances of judges, were not supposed to be in any appropriation bill.

Alegeh submitted that under Section 84(4) of the 1999 Constitution, (as amended), funds for such expenditure, were charged and 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 National Judicial Council (NJC) for disbursement to heads of courts as stipulated in Section 6 of the Constitution.

“We have to admit to ourselves that what we are practicing in this country is constitutional democracy and not true federalism”, Alegeh said.

He told the court that his clients had so far, spent about N66 billion in the maintainance of state courts, and he demanded for a refund of the money.

For his part, counsel to the AGF, Mr Tijjani Gazali, SAN, the Acting Director, Civil Appeals, Federal Ministry of Justice, told the court that he filed a preliminary objection and a counter-affidavit in vehement opposition to the suit.

He said the Executive Order 10 was based on a judgement of the Federal High Court that ordered financial autonomy for the judiciary at the state level.

Gazali contended that the said judgement followed a suit that was filed by the Judiciary Staff Union of Nigeria, (JUSUN), in which the NJC, the AGF and the AG of all the 36 states, were listed as respondents.

“My Lords, up to this moment, there is no appeal against that judgement, which they are now contending is different from this suit”, Gazali said.

He added that the plaintiffs suit was a gross abuse of the court process and urged the court to dismiss the suit with reasonable cost.

Alegeh, however, prayed the court to discountenance the argument by the AGF, stressing that JUSUN as a body, lacked the locus-standi to file a suit in any dispute between the state and the federal government.

Meanwhile, five Senior Advocates of Nigeria, SANs, Adegboyega Awomolo, Olisa Agbakoba, Sebastian Hon, Mahmud Magaji and Musibau Adetunbi, announced appearances as amicus curiae (friends of the court).

The Supreme Court invited them to offer their legal opinion on the matter.

In his submission, Awomolo, relied on Sections 81(3), 84(4) and (7), as well as Paragraph 21(e) of the Third Schedule to the Constitution, to argue that the Presidential Executive Order 10, 2020, was unconstitutional.

He said the order could be likened to the one former President Olusegun Obasanjo issued in 2004, which barred Lagos State from benefiting from the federation account.

The senior lawyer maintained that the federal government was constitutionally mandated to take care of both capital and recurrent expenditure of all the courts established for the federation, both states and federal courts.

For his part, Agbakoba, maintained that both the federal government and all the 36 states had in the past 20 years, violated provisions of the Constitution.

Though he urged the Supreme Court to uphold the suit by states, he, however, kicked against their request for a refund of about N66billion.

Agbakoba, urged the apex court to restore Section 162(9) of the Constitution which he said the court wrongly struck down in a suit involving the attorney-general of Abia and the AGF.

“I urge my lords to use this case to break the shackles of the judiciary, I believe that this is an opportunity for the judiciary to finally set itself free,” he said.

Hon, for his part, threw his weight behind the suit by the 36 states and urged the apex court to nullify the Presidential Executive Order 10, 2020.

Magaji said he disagreed with the submission of plaintiffs that the federal government should take care of capital expenditures incurred in funding of state courts.

He argued that no where in the Constitution was it expressly stated that such expenditure should rest on the federal government’s shoulder.

“I am therefore urging my lords to resist the temptation of imputing into the constitution, what is not there,” he said.

Adetunbi, argued that while Section 84(7) of the Constitution, mandated the federal government to pay salaries and emoluments of state courts, under Section 121 (3), the plaintiffs were required to take care of capital expenditure of the courts.

The matter has been adjourned to a date to be communicated to the parties.

The states through their attorneys-general argued that the president, by virtue of the said Executive Order, pushed the federal government’s responsibility of funding both the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal, and the Customary Court of Appeal, to the state governments.

They maintained that the order was a clear violation of Sections 6 and 8(3) of 1999 Constitution, placed the responsibility of funding the listed courts on the federal government.

The 36 states contended that they had been funding capital projects in the listed courts since 2009 and prayed the Supreme Court to order the federal government to make a refund to them.

They argued in their statement of claim that since 2009, the the federal government had not funded the capital and recurrent expenditures of the state high courts, Sharia Court of Appeal and the Customary Court of Appeal of their states.

According to them the federal government has only paid the salaries of the judicial officers of the listed courts.

They posited that Section 81(3) of the 1999 Constitution, made provision for the federal government to fund 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.

“That section 12(3) of the constitution makes provision for all capital and recurrent expenditures for court not established under Section 6 of the constitution by the respective plaintiff’s states,” they said.

The plaintiff prayed the Supreme Court to quash the Executive Order 10 as well as make an order compelling the federal government to henceforth, fund both capital and recurrent expenditures of the courts. (NAN)

Business News

UBA Wins N156bn Debt Recovery Case Against Stallion Group

Published

on

Share

The Court on Friday ruled in the Bank’s favour on all issues and granted all its prayers.

United Bank for Africa (UBA) Plc has secured a significant legal victory in its debt recovery proceedings against Stallion Group, following a court judgment which upheld the Bank’s position on all issues submitted for determination.

In a sweeping decision, delivered by by Justice Daniel Osiagor  of the Federal High Court sitting in Ikoyi, Lagos on Friday,  the Court granted all the reliefs sought by UBA, affirming the validity of the appointment of a Receiver/Manager, the enforceability of the mortgage security and the liability of the guarantors.

The Court observed that the Defendants did not dispute the existence of their indebtedness to the Bank but challenged the amount claimed. It further held that the reconciliation of accounts between the parties did not extinguish or negate the underlying indebtedness.

In a major affirmation of UBA’s enforcement rights, the Court upheld the appointment of the Receiver/Manager and confirmed his entitlement to take possession of the mortgaged property and seek appropriate protective orders.

The Court also dismissed objections raised by the 12th Defendant, holding that it had failed to establish any proprietary rights over the mortgaged property. Consequently, its consent was not required for the creation of the mortgage, and its objections were rejected.

Significantly, the Court restrained the Defendants from diverting receivables due to them from government agencies, thereby reinforcing the Bank’s ability to protect its recovery interests.

The judgment also affirmed the liability of the guarantors, strengthening UBA’s legal position in pursuing recovery of the outstanding obligations.

The decision represents a comprehensive victory for UBA, with the Court resolving all issues in the Bank’s favour and granting all the reliefs sought.

The ruling is particularly significant for the enforcement of creditors’ rights in Nigeria, underscoring the legal validity of properly constituted security arrangements and the authority of duly appointed receivers to enforce creditors’ interests.

It also reinforces the principle that disputes over the precise amount of an outstanding debt do not, by themselves, invalidate the underlying indebtedness or prevent creditors from exercising their lawful recovery rights.

The judgment marks a major milestone in UBA’s efforts to recover its exposure to Stallion Group and safeguard the interests of the Bank and its stakeholders.

Continue Reading

JUDICIARY

False claim against Tinubu: DSS tenders Sowore’s post, plays video evidence in court

Published

on

Share

The Department of State Services (DSS), on Thursday, tendered a generated copy of the message posted by Omoyele Sowore on his social media handles where he allegedly defamed President Bola Tinubu as evidence at the Federal High Court in Abuja.

The DSS also played the video evidence of President Tinubu’s speech made on Aug.

26, 2025, during his state’s visit to Brazil, before Justice Mohammed Umar in establishing its cyberstalking charge against Sowore, the publisher of Sahara Reporters.

Both the message and the video recording in a flash drive were admitted in evidence and marked as exhibits by Justice Umar after counsel for the defendant, Marshal Abubakar, reserved his objection and until final written addresses stage.

The development occurred when the security agency’s 1st prosecution witness (PW-1) and an operative of the service, Cyril Nosike, was being led in evidence by its lawyer, Akinlolu Kehinde, SAN.

The News Agency of Nigeria (NAN) reports that Sowore is being prosecuted for referring to the president as “criminal” in his X and Meta handles.

In the amended charge, marked: FHC/ABJ/CR/484/2025 and filed on Dec. 5, Sowore is named as sole defendant.

Although Sowore, X Incorp (formerly Twitter) and Meta (Facebook) Incorp were listed in the earlier charge as 1st, 2nd and 3rd defendants respectively, in the amended charge, the names of 2nd and 3rd defendants were dropped.

Testifying, Nosike said he works at the Cyberspace Monitoring Centre of the service.

According to my duty is to monitor the cyberspace 24 hours, night and day.

“I am here to give evidence in support of the charges filed against the defendant,” he said.

Narrating how he came across Sowore’s post, he said: “On the 26th of August, 2025, in the course of my duty at the Cyberspace Monitoring Centre, I detected and monitored a post by the defendant through his X handle.

“The post was referenced as such: ‘This criminal @officialABAT actually went to Brazil to say that there is no more corruption under his regime in Nigeria. What an audacity to lie shamelessly.’”

The witness explained that the X handle; “@officialABAT” is the official X handle of the President and Commander-In-Chief of Nigeria.

He said after he came across the president’s video, he downloaded it and saved it in a flash drive and marked the flash drive as “XYZ.”

He said he equally had a certificate of compliance of to back this in compliance with the Evidence Act.

The judge admitted the flash drive as Exhibit “A” and the certificate of compliance as Exhibit “B” after Abubakar said he would respond in appropriate time.

The video recording was then played for some minutes.

The video showed President Tinubu speaking about the achievements of his administration and encouraged the Brazilians to invest in Nigeria because there was now a conducive business environment, where there is no more corruption.

Nosike said when he saw Sowore’s post, he made a screenshot of it, including the reaction and a certificate of compliance to back it.

The judge equally admitted these in evidence and marked them as Exhibits “C” and “C1” after the defendant’s lawyer reserved his objection.

When the DSS lawyer asked the witness what his office did seeing the post, he said: “Seeing the reactions from this post, the DSS wrote a letter officially to the owners of X and Facebook, which is Meta, through their email addresses.

“We also have the screenshot of the letter and certificate of compliance

“The letter was for them to take down the post considering that the statement on that post was generating lots of tension.”

The screenshot of the letter was marked at Exhibit “D” by the judge.

The witness further told the court that tye DSS also wrote a letter to Sowore through his lawyers and that they also acknowledged the receipt of the letter.

According to him, the letter was a demand to retract that post.

Justice Umar admitted it in evidence and marked it as Exhibit “E” after Abubakar reserved his objection.

The witness said after Sowore received the letter, despite being a classified information, “he went ahead to post this on his X and Meta platforms.”

According to him, as expected, the letter also garnered reactions from Nigerians and the content of the reactions of that letter were far-reaching and painted the service in bad light.

The officer said he made a screenshot of the post and had a certificate of compliance in support and it was admitted as Exhibit “F.”

The witness told the court that Sowore’s inciting posts made their work, as security agencies, complicated.

“We have officers and men who have sworn on oath to put themselves on the line for the security and stability of this country.

“Such inciting posts that generate tension, make our work more difficult and we take such issues very seriously,” Nosike said.

When Abubakar was directed to cross-examine the witness, he prayed the court to allow him study the evidence of the witness.

He, therefore, sought an adjournment to February but DSS counsel objected.

Kehinde argued that Section 396(3) of Administration of Criminal Justice Act (ACJA), 2015, stipulates day-to-day trial after arraignment.

He said there was no basis for Abubakar’s plea for adjournment.

Justice Umar subsequently adjourned the matter until Jan. 27 for cross-examination of the PW-1 and continuation of hearing.

Continue Reading

JUDICIARY

Judiciary Remains Hope of Common Man- Diri

Published

on

Share

Gov. Douye Diri of Bayelsa says the judiciary remains the hope of the common man in the society, charging officers in the temple of justice to always strive to be upright.Diri said this on Friday in Yenagoa at a Thanksgiving/Valedictory Court Section for the commencement of the 2025/2026 Legal Year in the state.

The governor said: “It has become an annual ritual but we all know that the bible says seek ye first the kingdom of God and all other things shall be added on to thee.
“Today we are handing over this new legal year to God for His protection to the judiciary. I believe you are going to do beyond our expectations with God on your side.“In this country today without exception, I appeal to us Nigerians, Bayelsa people to allow the judiciary to be used by God, to be allowed to work to the best of their ability and conscience to deliver incorruptible and sound judgement.
”Diri said that the trust of the public lies with the judiciary which demands justice for all manner of people, irrespective of the class in the society.The governor urged the judiciary especially the judges to always stand tall on what is right, as they are highly autonomous as an arm of the government.On her part, Justice Matilda Ayemieye, the Chief Judge of Bayelsa, commended the Bayelsa government for the support in various ways to ensure that the judiciary is autonomous.She said that the judiciary enjoys cordial working relationship with the Nigeria Bar Association, the Legislature and the Executive.The chief judge said that the new legal year allows them to assess the previous year, adding that it is a day of accountability towards the people they serve and to strengthen the rule of law.Ayemieye said that the Bayelsa judiciary aspires to be one of the best judiciary as they have earned respect among other judiciary in the country.Also, Mr Biriyai Dambo (SAN) the Attorney General and Commissioner for Justice, expressed happiness over the commencement of the new legal year.He said that they are committed to service delivery in Bayelsa and commended the bar and the bench for their hard work to ensure that justice is served in Bayelsa.The Commissioner said that for the past years the judicial system had changed and that the welfare of the judiciary and that of the Ministry Justice is one of the priorities of Diri’s administration which has paid in full all monies owed law officers.“This current administration has boosted the morale of law officers, as they have contributed to the justice delivery in Bayelsa state.“This current administration has equally assisted the NBA Yenagoa and Sagbama branches respectively. My office is wide open to enhance the justice system in Bayelsa state,” he said. (NAN)

Continue Reading

Advertisement

Top Stories

NEWS10 hours ago

WAHO Advances Regional Health Integration Through Standardised Procedure Manuals

ShareBy David Torough, Abuja The West African Health Organization (WAHO) has commenced a regional workshop in Abuja to finalize procedural...

NEWS1 day ago

2027 Elections: CAN Disowns Man Claiming its General Secretary

ShareBy Laide Akinboade, Abuja The Christian Association of Nigeria (CAN) on Wednesday, disassociate itself from Archbishop Chivir Chianson and the...

POLITICS1 day ago

INEC Seeks UN Partnership in Tackling Disinformation on 2027 General Elections

ShareThe Independent National Electoral Commission (INEC) has called for the partnership of the United Nations in combating disinformation in the...

NEWS1 day ago

2025: NDLEA Arrests 1,200, Seizes 30 Tonnes of Drugs in Edo – Marwa

ShareThe National Drug Law Enforcement Agency (NDLEA), arrested 1,200 suspects and seized more than 30 tonnes of illicit substances in...

NEWS1 day ago

JAIZ Bank Denies Involvement in N104m Investment Fraud in Jos Branch

ShareBy Tony Obiechina, Abuja Jaiz bank has denied involvement of alleged N104m fraud in its Jos branch. In a statement...

NEWS1 day ago

Trump-backed Republican Senate candidates pay the price

SharePresident Donald Trump asked voters to pretend he was on the ballot in the midterm elections and handpicked Republican candidates...

NEWS1 day ago

Court to Deliver Judgment in El-Rufai’s N10bn Rights Suit

ShareThe Federal High Court in Abuja has fixed Dec. 8 for judgment in a N10 billion rights suit filed by...

NEWS1 day ago

Women and Land: Why Nigeria’s Land Administration Cannot Afford to Leave Half the Nation Behind

ShareThe ongoing conversations on land reform in Nigeria tend to focus on speed, cost and documentation. Seemingly disregarded is the...

NEWS1 day ago

Caverton Revenue Rises to N20.74bn

ShareBy Tony Obiechina, Abuja Caverton Offshore Support Group Plc recorded a 1.4 per cent increase in revenue to N20.74bn for...

NEWS1 day ago

Tinubu Slashes External Loan Request to $7.7bn, Seeks Senate Nod

ShareBy David Torough, Abuja President Bola Tinubu has revised the Federal Government’s 2026 external borrowing proposal, seeking Senate approval to...