Delta State High Court Directs CJ to Present Budgets Direct To House of Assembly

A Delta State High Court has directed the Chief Judge and Customary Court of Appeal President to Present Budgets Directly to the House of Assembly.

In the case filed by former NBA leaders, John Aikpokpo Martins and Olukunle Edun V. Governor of Delta State & Ors in SUIT NO: A/164/2022., the court also Restrained the Governor From preparing The Budget estimates and presenting same to the House Of Assembly for appropriation.

In a detailed judgement, Justice G.B. Briki Okolosi held that it is important to restate that the 1999 Constitution established separation of powers among the three arms of Government, that is, the Executive, Legislature and the Judiciary. By so doing, each arm is independent of the other. I am unable to find any provision in the whole of the Constitution of the Federal Republic of Nigeria 1999 that brings the Judiciary under the control of the Executive in whatever guise. Checks and balances could exist. But that does not in any way translate to control. That being the case, it will be mischievous to contend that just because the practice of the judiciary submitting it’s Budgetary Estimates to the Executive arm on each financial year has been there for a long time, then the same practice should be endorsed even where such practice is in conflict with the clear provisions of the Constitution. A practice or custom, however old or entrenched can be set aside by the court.

The court thereafter answered all the questions in the originating summons in the affirmative, commending the Claimants Aikpokpo-Martins and Olukunle Edun for filing the suit.