Law

Supreme Court summons Malami over presidential executive order

The Supreme Court has summoned the nations Justice Minister and Attorney-General, Abubakar Malami (SAN) to explain “whether the Presidential Executive order No.00-10 of 2020 made by the President of the Federal Republic of Nigeria on 22nd May, 2020 to compel the plaintiffs to fund State High Courts, State 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.”

 

36 States Attorneys-General have sued Malami, asking the Supreme Court to declare “by virtue of Sections 6 and 81(3) of the Constitution of the Federal Republic as amended, the defendant is constitutional obligated and or charged with the responsibility for funding of all capital and recurrent expenditure for the High Courts, Sharia Courts of Appeal of the State  of the Federation of Nigeria being courts created under Section 6 of the CFRN.”

 

In an originating summons initiated by the 36 state Attorneys-General, they asked the Supreme Court to declare that by the virtue of the clear, lucid and unambigious provisions of item 21 (e) of the Third Schedule to the Constitution as amended, the defendant is constitutionally obligated and/or charged with the responsibility for funding all capital and recurrent expenditure of the High Courts, Sharia Court of Appeal of the States of the Federation of Nigeria being courts created under Section 6 of the CFN.

 

Besides, they sought the following among others; *An order compelling the defendant to hence forth fund all capital and recurrent expenditure of the High Courts, Sharia Court of Appeal of the States of the Federation of Nigeria being courts created under Section 6 of the CFN.

 

*An order compelling the defendant to refund to the plaintiffs all sums expended by the plaintiffs in funding the capital expenditure of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal of the respective plaintiff States of the Federation of Nigeria being courts created under Section 6 of the CFRN while said funds ought to have been expended by the defendant.

 

*An order compelling the defendant to refund and pay over to the plaintiffs the amount set out against the name of each plaintiff ’s in Exhibit “A” exhibited in the affidavit in support of this originatin summons being the true and actual amount expended by each plaintiff for the funding of the capital expenditure of the High Courts, Sharia Courts of Appeal and Customary Courts of Appeal of the respective plaintiff States of the Federation of Nigeria being courts created under Section 6 of the CFRN from 31st January, 2020 until the date of delivery of judgement by the Supreme Court of Nigeria. no date has been fixed for hearing.

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