Despite signing a Memorandum of Action on state legislature and judiciary autonomy, the majority of the 36 governors have not pushed for legislation to back it up.

Only 12 states have passed legislation granting state legislatures and judiciaries autonomy.

Eight of the twelve states did so in the north, and four in the south.

Plateau, Sokoto, Bauchi, Bayelsa, Enugu, Lagos, Imo, Jigawa, Kwara, Taraba, Nassarawa, and Kaduna are the states involved.

Senator Ita Enang, the Secretary of the Implementation Committee on State Legislature and Judiciary Autonomy, made the revelations in a paper delivered at the National Judicial Institute in Abuja to the Chief Judges of 36 states, 19 Grand Khadis, and 17 Presidents of the Customary Court of Appeal.

Enang, who talked behind closed doors, stated that if the government has financial autonomy, any irresponsible leader will pay the price.

He said there were intense arguments with the governors during negotiations with the Parliamentary Staff Association of Nigeria (PASSAN) and the Judiciary Staff Union of Nigeria (JUSUN) over who would oversee contract awarding in the Legislature and the Judiciary.

Governors, he said, will lay land mines for the judiciary and court heads.

Enang urged the heads of the courts to exercise caution when implementing financial autonomy.

Following the PASSAN and JUSUN strikes, all parties, including the Nigeria Governors Forum, signed a Memorandum of Action on May 20, 2021. (NGF).

All of the states agreed to a 45-day implementation period.

However, as of September 2021, only 12 states had complied with the deal, according to Enang.

He explained what led to President Muhammadu Buhari issuing Executive Order 10 on legislative and judicial authority.

He said: “It is tempting, for time constraints, to skip the historical of the originating processes that led to the autonomy commencing from the Memo et al to the preparation and signing of Executive Order 10, which legally set out the template for the implementation in the different states with sanction for failure to so do.

“Upon Assent to the Constitution Amendment which reemphasized autonomy and funds to the Legislative and Judicial arms directly from the Consolidated Revenue Funds of these states upon appropriation, the governors failed to release the funds to the said arms.

“Upon this, the Chairman and Deputy Chairman of the Body of Chief Judges, Hon Justice Ajana (C. J Kogi), of blessed memories and Hon Justice Kate Abiri (C J Bayelsa) consulted with institutions of government as to possible aid to implementation

As Adviser to the President on National Assembly Matters, I prior consulted with higher authorities and upon green light originated a memo setting out the background and praying Mr. President for constitution of Presidential Implementation Committee on Autonomy of States Legislature and States Judiciary.

“The terms of the memo and prayers dated September 11, 2020 set out thus:

To assess and review the level of compliance by all the 36 states of the Federation with section 121(3) of the 1999 constitution (as amended)
To monitor, ensure and cause the implementation of financial autonomy across the judiciary and legislature of the 36 states of the federation in accordance with the provisions of the 1999 constitution (as amended) and other applicable laws, instruments and conventions however providing for financial autonomy for the legislature and judiciary at the tier of government
To consult and relate with the appropriate federal and state MDAs including but not limited to the Governors Forum, (NGF) Accountant-General of the Federation and those of states, the National Economic Council and other institutions of state to ensure and where necessary enforce the implementation of the constitutional provision.
To come up with appropriate modality or enforce to be adopted by all the states of the Federation for implementation and/or compliance with section 121(3) of the 1991 constitution (as amended)
To do such other things that are deemed necessary or incidental to the fulfilment of the aim of the committee to attain the full purpose this assignment.
”The Committee was constituted and inaugurated with terms of reference and constitution as proposed.”

He said it was not easy to convince the governors to concede to autonomy for the Legislature and the Judiciary.

He said there were heated arguments and disagreements with the governors as to award of contracts.

He said after the signing of Memorandum of Action, only 12 states have enacted autonomy legislation for the Legislature and the Judiciary.

He added: “The committee and its mandate were sternly opposed and fought by the governors but eventually arrived at recommendations which were further stoutly resisted by governors who are Heads of the Executive arm of Government and in illegal control of the State Treasury disbursing at discretion without respect to the entitlement of the other two arms of government

“The recommendations were reduced to Executive Order No. 10 signed and issued by Mr. President setting out the process of Implementation and option of getting the sum deducted directly from the account of that states government at the Federation Account and pay directly to the account of the offended arm of government where the state fails.

“The governments of the states failed and refused as expected and after all steps failed, we initiated steps at deducting the monies due the State Judiciary from the Federation account.

“Memo went upstairs and the governors intervened opting for more fruitless time buying dialogue and Mr. President obliged and directed the Chief of Staff to the President to handle

“At this forum, after all familiar antics it was agreed that as per the E O 10, each state should have enacted or made Funds management Laws for each state regulating budgeting and fund releases to the account of each arm of government. This on its own was not honored until strike by Judiciary Staff Union and Parliamentary Staff Association of Nigeria which now moved us from the Chief of Staff office to The Ministry of Labour

“Memorandum of action was signed on May 20, 2021 which you all have with 45 days window of implementation.

“As at September 2021 only 12 States have passed the Legislation, namely: Plateau ; Sokoto; Bauchi ; Bayelsa ; Enugu; Lagos; Imo; Jigawa; Kwara; Taraba; Nassarawa; and Kaduna.

Enang advised heads of the Legislature and the Judiciary to be cautious and place premium on due diligence.

He said with financial autonomy, any errant head of government will pay for it.

He added: “But under the autonomy regime you are, as the Heads of the Arm of Government personally responsible. And will answer for it. Thus the need for due diligence as physician will now heal himself.”

“The best and error proof process is as provided or will be provided in the Judiciary (funds management) Law or such Legislation by whatever name called passed by the State House of Assembly and Assented to by the Governor guiding the operation and application of Judiciary funds by the Judiciary for the Judiciary to be accounted for by the Judiciary.

“Again, in the Memorandum of Action signed in the course of the PASSAN and JUSUN strikes wherein we laid out irreducible minimum in the template as to the proposed content of the Laws, we did have heated arguments and disagreements with the governors as to award of contracts.

“The tone of that discussion and possible land mine evident thereat indicates that the Executive or the Governors will be laying land mines for the Judiciary or Heads of courts to fall into and be doomed.

“Be wise and go for precedence when Statutes leaves loopholes or presents a banana peel.”

Enang asked Chief Judges to be careful in implementing financial autonomy in order not to land in the net of any anti-corruption agency.

He said: “I have had the privilege of examining Funds Management Laws of States’ Legislatures and Judiciary and they, in the main provides for due process institutions and procedure within the Laws and insulates the Heads of the Legislative and Judicial Arms of Governments from direct and hands on participation in financial matters except general direction as given to the Governor in the Executive.

“A governor is not personally involved in processes but such are handled in Ministerial form with permanent Secretaries as accounting officers, not even the commissioners. This is the process as now is, and is to be entrenched statutorily in the Judiciary Funds’ management template.

“This can be said to be the Convention as the political office holders as transient transitory political figures are not allowed by extant practice in any of the three Arms of Government to be a signatory other than ‘approving’ authority in the funds management process.

“Where there appears a lacuna not covered by the Funds Management Laws, or the convention in other arms of Governments in any matter arising in Course of implementation of Financial autonomy please fall back to the practice adopted by the National Judicial Council (NJC) inn fund management process from budget conception, bilateral with Budget office, inclusion in the Annual Budget as will be laid before the National Assembly, defence before the mandate committees, passage, Assent, release to the account of the Judiciary, syndication to the different Heads of courts by the National Judicial Council headed by the Chief Justice of Nigeria, advert for procurement.

“Same are the Chief Judges of states expected to do to other subject courts and Judicial bodies for thus will you escape from answering questions from Anti-corruption institutions.”

Nigerian youths have numerous reasons to want a better life and future, according to Lagos State Governor Babajide Sanwo-Olu, who added that their incapacity to live and flourish is exacerbated by the country’s current socio-economic and political realities, among other issues.

Sanwo-Olu, who spoke on Tuesday at a Lagos youth symposium organized by the Ministry of Youth and Social Development with the theme “Rebuilding For Greatness, Peaceful Conflict Resolution,” noted that the symposium would bring together over 1,500 youths from various voluntary organizations, uniformed organizations, non-governmental organizations, the National Youth Council of Nigeria, and the Lagos Youth Council.

The governor stated that the goal is to use the opportunity to network and learn new methods to contribute to the reconstruction of Lagos and the realization of the Greater Lagos plan.

The governor recalled that around this time last year, the state, and indeed the entire country, saw mass protests against police brutality, dubbed #EndSars, with the majority of Nigeria’s youth population participating in one of the largest movements since the country’s democratic transition in 1993.

He said, ‘’The protest culminated into wanton destruction of government’s facilities and individual properties across the nation after the riot on October 20th forever known as the Black Tuesday.

This incident sparked global outrage and hoodlums took advantage of the situation and went on rampage, looting and burning down destroying government properties and facilities. In what seemed like a calculated attack, the hoodlums ravaged the city of Lagos, leaving many parts of the state with burnt buildings, looted shops and destroyed properties worth billions of Naira. The economy of the country that was already in decline due to some many factors suffered a huge setback.

‘’Nigerian youths have many reasons to demand for a better life and future, especially in a country where their ability to live and prosper is challenged by existing socioeconomic and political conditions amongst other factors. The proportion of people living in poverty continues to grow especially as COVD 19 rampage continues.

‘’Nigeria’s Youth make up the majority of the country’s population which means that the youths are mostly affected by these statistics of poor people.

‘’The Lagos State government being the most hit state in the nation by the effects of the End SARS protest and the devastating effects of COVID 19 pandemics on its economic and social status, swung into decisive and impactful actions immediately so as to mitigate the effects on its populace.’’

Sanwo-Olu explained that despite the massive destruction of properties as a result of the protests and economic downturn occasioned by the COVD 19 pandemics, the state was able to cope with the challenges.

‘’We embarked on rebuilding the city of Lagos gradually, not only the physical structures but the residents hope was also rekindled with various palliative measures.
‘’Of utmost importance to us as a government are the youth population of the state who formed the bulk of the population and its working force. We had embarked on the implementation of series of Youth engagement and empowerment activities and programmes through its various MDAs notably of which are Ministries of Wealth Creation and Employment; Arts, Tourism and Culture; Science and Technology; Agriculture; Commerce, Industry & Cooperatives and other agencies.

‘’Some of these programmes, which were initiated as part of our efforts to address issues bothering on youth development and empowerment include the remodelling, development and equipping of four  Youth Centres across the state namely – Abesan, Lafiaji, Ikorodu and Omituntun Youth Centres. We are also working on the renovation of Ikeja; Popo Oba, Epe; Isheri; Badagry;  Sam Shonibare and Obele Oniwala Youth Centres. These facilities offer both recreational and sporting engagement as well as opportunities for skill acquisition / vocational training for youths.
‘’We have in partnership with USAID created two Youth Hubs at Lafiaji and Araromi Gbagada Youth Centers. These hubs offer leadership, livelihood and life skills to Out school youth aged between 15 – 24 years. With this partnership, we hope to reach 25,000 young people during its 5-year tenure with soft skills, leadership competence, social capital and resources using an approach that enables them reach their full potentials in a safe and youth friendly environment.’’

Governor Sanwo-Olu said his government has also implemented mind set changing and reorientation programmes to build the capacity of young people in the state to think positively and take up their role in nation building.

‘’ Some of these programmes include the Lagos State Youth Leadership Initiatives – Ibile Youth Academy which produced Youth Ambassadors that are already making waves as change makers in their communities implementing various live touching and empowering pet projects leveraging on local collaboration and resources. Notable among these programmes also is the Transformational Leadership Training for Young leaders which was designed to upscale the leadership capacity of over 2000 (Two Thousand) participating young leaders physically and virtually in the three senatorial districts of the state.

‘’In a few days, Wednesday 27th October, 2021 to be precise we will be organizing the first of its kind Lagos Police Youth Dialogue session which will have in attendance over 1000 Police Officers and Youths in the State coming together to deliberate on how to strengthen the relationship between them and create a synergy that will improve both their interaction and security situation in the state.’’

Governor Sanwo-Olu added, ‘’Education and healthcare services are two principal things that top our budget expenditure. Year on year we have continued to increase our budget for the education and health sectors. We have built the finest school in Lagos, it is in Elemoro, Ibeju Lekki. It will be commissioned next month. You will happy when you see that school, it is a brand new school, we are building brand new school with all the infrastructure provided in the schools.’’

He said his government has operated an open door policy and maintained a robust engagement serviced by effective feedback mechanism to ensure that the resident’s yearnings and aspirations are met.

Also speaking, the deputy vice chancellor of the Lagos State University (LASU), Professor Wahab Elias, who was the guest speaker noted that conflicts are inevitable in any society , saying it is how the conflict is managed that matters.
Elias urged the youths to always negotiate their demands with the authority, saying engaging in conflicts that are not progressive could destroy any society.