Court Okays Suits Filed On Financial Autonomy For Ondo Judiciary, House Of Assembly

Justice A.O Adebusoye of the Ondo State High Court has granted leave to a lawyer, Femi Emmanuel Emodamori, to file two suits seeking for orders of mandamus to compel the Ondo State Government to implement financial autonomy to both State Judiciary and House of Assembly.

SaharaReporters reported on March 12, 2024 that the legal practitioner, Emodamori had sued the Ondo State Governor and the Attorney General of the state.

According to the report, he sought for an order of mandamus to compel the Respondents to comply with Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which guarantees financial autonomy for the State Judiciary and House of Assembly

Ruling on two the separate ex parte motions in suits marked Nos. AK/18M/2024 and AK/19M/2024 respectively on Monday, Justice Adebusoye held that Emodamori’s applications were in order.

He consequently granted him leave to proceed with his motion on notice for the mandamus against the State Government.

The plaintiff (Emodamori), which disclosed this in a statement issued on Monday, revealed that the presiding judge has adjourned the substantive cases to 22nd April, 2024 for hearing.

The plaintiff had told SaharaReporters that the suit followed the expiration of the seven-day ultimatum which he gave to the Ondo State Governor (Lucy Aiyedatiwa) and the State Attorney-General (Kayode Ajulo, SAN) to comply and implement the provisions of the constitution in Section 121 subsection 3.

He said that two cases had been filed at the State High Court by way of mandamus to enforce compliance.

According to him, the first case is marked AK/18m/2024 wherein the Governor of Ondo State, the Attorney-General of Ondo State, the Accountant-General of Ondo State, the Chief Judge of Ondo State and the Chief Registrar of Ondo State High Court were listed as 1st to 5th Respondents respectively.

Regarding the case, he said he sought among others, “AN ORDER granting leave to the Applicant to apply for Judicial Review by way of Mandamus, for:

“A DECLARATION that by virtue of Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is mandatory for the 1st to 3rd Respondents to pay any amount standing to the credit of the Ondo State Judiciary in the State’s Consolidated Revenue Fund directly to the State Judiciary under the management of the 4th and 5th Respondents.

“A DECLARATION that by virtue of Section 2 (1) of Ondo State Judiciary Self-Accounting Law, Cap. 71, Vol. 2, Laws of Ondo State, 2006, it is mandatory for the 3rd Respondent to pay into the Ondo State Judiciary Account in advance for every quarter of the year, that is to say, in January, April, July, and October, monies due to the State Judiciary by way of statutory allocation for recurrent expenditure pro rata for that quarter.

“A DECLARATION that by virtue of Section 2(2) of Ondo State Judiciary Self-Accounting Law, Cap. 71, Vol. 2, Laws of Ondo State, 2006, it is mandatory for the 3rd Respondent to pay into the Ondo State Judiciary Account monies due to the Judiciary by way of statutory allocation for capital expenditure as directed by the 1st Respondent after consultation with the 4th Respondent.”

Among others, he sought an order “directing the 1st to 3rd Respondents to henceforth, commencing not later than Twenty-One (21) days from the judgment of this Court, pay any amount standing to the credit of the Ondo State Judiciary in the State’s Consolidated Revenue Fund directly to the State Judiciary under the management of the 4th and 5th Respondents, in compliance with Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”

He also sought an order “directing the 3rd Respondent to henceforth, commencing not later than Twenty-One (21) days from the judgment of this Court, pay into the Ondo State Judiciary Account in advance for every quarter of the year, that is to say, in January, April, July, and October, monies due to the State Judiciary by way of statutory allocation for recurrent expenditure pro rata for that quarter, in compliance with Section 2 (1) of Ondo State Judiciary Self-Accounting Law, Cap. 71, Vol. 2, Laws of Ondo State, 2006.”

“AN ORDER directing the 1st and 3rd Respondents to henceforth, pay into the Ondo State Judiciary Account monies due to the Judiciary by way of statutory allocation for her capital expenditure,” was also one of the orders sought by the lawyer.

The second suit marked AK/90M/2024 has the Governor of Ondo State, the State Attorney-General, the Commissioner for Finance, Ondo State (Mrs. Omowumi Isaac), Ondo State House of Assembly, the Speaker, Ondo State House of Assembly and the Clerk, Ondo State House of Assembly as the 1st to 6th Respondents respectively.

In this second suit, he sought among other reliefs an order granting leave to the Applicant to apply for Judicial Review by way of Mandamus, for: “A Declaration that by virtue of Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), it is mandatory for the 1st to 3rd Respondents to pay any amount standing to the credit of the 4th Respondent in the State’s Consolidated Revenue Fund directly to her, to be managed, disbursed and accounted for by the 5th and 6th Respondents in tandem with the Approved Budget(s) for the 4th Respondent.”