Olisa Agbakoba Vs. FG

SUIT NO: FHC/ABJ/CS/63/2013

ORIGINATING SUMMONS

Let the above named Defendants within 8 days after the service of this Summons on them, inclusive of the day of such service cause an appearance to be entered for them to this Summons which is issued upon the application of the Plaintiff for the determination of the following questions:

1 Whether by Section 81 (2) and Section 84(i), (2), (3), (4), and (7) CFRN 1999 the remuneration, salaries, allowances and recurrent expenditures of the Judiciary, being constitutionally guaranteed Charges (or “First Charge”) on the Consolidated Revenue Fund of the Federation, form part of the estimates to be included in the Appropriation Bill as proposed expenditures by the President as is the present practice?

2 Whether by virtue of the constitutional guarantee of independent funding of the Judiciary under Section 81 (i), (2), and (3) (c) and Section 84(2), (3), (4) and (7) of the Constitution of the Federal Republic of Nigeria 1999 (CFRN 1999), the National Judicial Council (NJC) ought to send its annual budget estimates to the Budget Office of the Executive Arm of Government or any other Executive Authority as is the present practice; or send the estimates directly to the National Assembly for appropriation?

3 Whether by virtue of Section 81 (3) CFRN 1999 any amount standing to the credit of the Judiciary in the Consolidated Revenue fund of the Federation ought to be released to the Judiciary in warrants or other means through the Federal Ministry of Finance, the Budget Office, the office of the Accountant General of the Federation or any other person or authority in the Executive Arm as is the present practice, or to be paid directly in whole to the National Judicial Council for disbursement?

4 Whether the continued Dependence of the Judiciary on the
Executive Arm for its Budgeting and Funds Release is not directly responsible for the present state of under-funding of the Judiciary, poor and inadequate judicial infrastructure, low morale among judicial personnel, alleged corruption in the Judiciary, delays in administration of justice and judicial services delivery, and general low quality and poor out-put by the Judiciary?

5 Whether the present practice on Judiciary funding by the
Defendants, which is DEPENDENT on the Executive Arm in budgeting and release of funds is not in violation of Sections 81 (2), (3) (c) and 84(2), (7) CFRN 1999 and therefore unconstitutional, null and void?

AND THE PLAINTIFF SEEKS THE FOLLOWING RELIEFS:

1 A DECLARATION that by Section 81 (2) and Section 84(1), (2), (3), (4), and (7) CFRN 1999 the remuneration, salaries, allowances and recurrent expenditures of the Judiciary, being constitutionally guaranteed Charges (or “First Charge”) on the Consolidated Revenue fund of the Federation, DO NOT form part of the estimates to be included in the Appropriation Bill as proposed expenditures by the President as is the present practice.

2 A DECLARATION that by virtue of the constitutional guarantee of
independent funding of the Judiciary under Section 81 (1), (2), and (3) (c) and Section 84(2), (3), (4) and (7) of the Constitution of the Federal Republic of Nigeria 1999 (CFRN 1999), the National Judicial Council (NJC) ought NOT to send its annual budget estimates to the Budget Office of the Executive Arm of Government or any other Executive Authority as is the present practice BUT ought to send the estimates directly to the National Assembly for appropriation.

3 A DECLARATION that by virtue of Section 81 (3) CFRN 1999 any
amount standing to the credit of the judiciary in the Consolidated Revenue Fund of the Federation ought NOT be released to the Judiciary in warrants or other means through the Federal Ministry, the Budget Office, the office of the Accountant General of the Federation or any other person or authority in the Executive Arm as is the present practice, BUT to be paid directly in whole to the National Judicial Council for disbursement.

4 A DECLARATION that the continued Dependence of the Judiciary on the Executive Arm for its Budgeting and Funds Release IS directly responsible for the present state of under-funding of the Judiciary, poor and inadequate judicial infrastructure, low morale among judicial personnel, alleged corruption in the Judiciary, delays in administration of justice and judicial services delivery and general low quality and poor out-put by the Judiciary.

5 A DECLARATION that the present practice on Judiciary funding by the Defendants, which is DEPENDENT on the Executive Arm in budgeting and release of funds IS in violation of Sections
81 (2), (3) (c) and 84(2), (7) CFRN 1999 and therefore
unconstitutional, null and void.

6 PERPEPETUAL INJUNCTION against the Defendants from all practices on Judiciary funding which run contrary to Sections 81 (2) (3) and 84(2) (7) CFRN 7999, to wit, submitting Judiciary’s estimates to the Executive instead of directly to the National Assembly and release of the Judiciary’s fund in warrants by the Executive instead of directly to the National Judicial Council for disbursement.

THE GROUNDS UPON WHICH THE RELIEFS ARE SOUGHT:

1 Section 81(1)(2) CFRN 1999 excludes the remuneration, salaries and allowances and recurrent expenditures of the Judiciary from the President’s Appropriation Bill being Charges upon the Consolidated Revenue Fund of the Federation.

2 Section 81(3)(C) CFRN 1999 guarantees direct payment to the NJC of any amount standing to the credit of the Judiciary in the Consolidated Revenue Fund of the Federation

3 Section 84(2) and Section 84(7) CFRN 1999 make the remuneration, salaries and allowance and recurrent expenditures of the judiciary charges upon the Consolidated Revenue Fund of the Federation placing them on the “First Line” of funding from the Consolidated Revenue Funding above Executive Appropriation Control.

4 The Defendants are in joint continuing breach of Sections 81 and 84 CFRN 1999