By A. S. Gidan-Wankey, Esq.
The memory verse!
“I, Abdullahi Umar Ganduje, do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as a Governor of Kano State, I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law,…that I will strive to preserve the Fundamental Objectives and Directive Principles of State Policy contained in the Constitution of the Federal Republic of Nigeria…”
The caption above is the oath of office taken by Governor Ganduje on the 29th May, 2019 as elected Governor of Kano State which to my mind, he has failed to uphold, evident by his recent comments on judicial autonomy. Worse still, being a Muslim, Governor Ganduje took the said oath of office while holding the scripture I live my life by (the Holy Qur’an) believing that he would strictly abide by the 1999 Constitution of the Federal Republic of Nigeria (2011 altered) in the discharge of his stewardship.
Meanwhile, in a frantic pitch of compliance with the directive of the President of the Nigerian Bar Association (NBA), the leadership of the revered NBA Kano and Ungogo Branch respectively, paid a visit to Governor Ganduje on the 20th day of April, 2021 with a view to press home the demand for the financial autonomy for the judiciary. The visit was aimed at calling the attention of the Governor to observe rule of law thereby complying with the provision of section 121 (3) of the 1999 Constitution of the Federal Republic of Nigeria. The respected Chairmen along other concerned Bar-Men cited and demonstrated to the Governor the purport of section 121 (3) of the Constitution, all in an attempt to making the lay-Governor to comprehend the message therein.
Curiously somehow, Governor Ganduje responded with a disingenuous statement that “I will accept Governors’ Forum decision.” As a rule of law campaigner, I am beholden to my conscience and to the Federal Republic of Nigeria to raise the following queries: Is Nigerian Governors Forum (NGF) known to the Constitution of the Federal Republic of Nigeria? Is NGF the Governor of Kano State? Did NGF sworn to the Oath of Office? Has any member of the so-called NGF beside Ganduje, sworn by the Quran to discharge his duties in Kano State in accordance with the Constitution? Must Ganduje advertise his ignorance of the law in the circumstance? Who has bewitched Governor Ganduje? I don’t have the answers for now. Let’s go!
My predilection to educate Governor Ganduje and his likes on their feigning ignorance of the position of the Constitution (which he sworn to preserve) regarding financial autonomy for the judiciary pitch the salt of my brain to interrogate the provision of section 121 (3) of the 1999 Constitution of the Federal Republic of Nigeria, with a view to showcasing the naked response of Ganduje as nothing but a clear tendency to remain on the path of executive recklessness and abuse of power. Thus, the Governor need to be informed that what the NBA presented to him is a matter of hard law not a choreographed political drama. Section 121 (3) provides:
“Any amount standing to the credit of the judiciary in the consolidated revenue fund of the state shall be paid directly to the heads of the courts concerned”
Judging from the clear wordings of Section 121 (3) above, it is transparently evident that, any amount of money standing to the credit of the judiciary is to be paid directly to the head of courts for onward disbursement, project execution and general maintenance of the courts etc. The executive arm of government has no power whatsoever to direct what should be done with the funds let alone controlling same. Thus, financial autonomy for the judiciary has for long been settled and provided under the constitution the same way the office of Governor established. Hence, Ganduje’s feigning ignorance of understanding the crux, that is, financial autonomy as commended by section 121 (3) of the CFRN means a one-off pay-off cum an outright payment of what is due to the judiciary from the consolidated fund.
For the umpteenth times, Governor Ganduje has made a heavy weather that, he has been spending millions of Naira as allowances for judges. What a shame! Is this not a clear vindication of subjecting the judiciary to the shadow of the executive through financial dependency and compromising the course of justice? In other words, the standpoint of the Nigerian Governors on judiciary financial autonomy explains the reason why section 121 (3) is being strangled; id est to perpetuate their reign of terror, mis-governance and impunity without any challenge. This executive manipulation of justice system could only be referenced as a defence where unconstitutionality becomes the order of the day. Under the 1999 constitution, the independence of the judiciary is not only guaranteed, its financial autonomy remains the pillar upon which indirect control and manipulation is resisted. Therefore, the only way the judiciary can be independent is to bestow on it financial willpower.
I make bold to say that the utterances of Governor Ganduje during the visit may be interpreted to mean that he is one of the Nigeria’s State Governors whose preoccupation is to conspire and gang up against the independence of the judiciary. This should not be tolerated by all well-meaning Nigerians. It is crystal clear that the refusal to grant financial autonomy to the judiciary by states governors speak volume of the level of unconstitutionality, lawlessness and impunity”. Thus, Governor Ganduje and his likes cannot cherry-pick or pick and choose to pay millions of Naira as been claimed as substitution of the express wordings of section 121 (3) of the Constitution; neither can he subject the operation of the said section to the whims and caprices of the Nigerian Governors Forum’ decision; an association that is far below the status of Alaba Market in Lagos or Singa Market in Kano. Because, unlike the NGF, whose business is exploiting public resources, the traders in Alaba and Singa Markets pay their revenue and levies to the Government as at when due.
Worryingly, it is high time to educate the Governor that, judges are not his employees. They are his equal partners in the running the affairs of Kano State as no arm of government is better than the other. So, paying “N20million as allowance”, “N46million as overhead” and “N100million for furniture and accommodation” as being claimed by Gandje (even if it is true), cannot substitute or vary the principle of financial autonomy of the judiciary encapsulated in section 121 (3) of the Constitution. Therefore, it is incumbent on Ganduje to separate what constitutionally stand to the credit of the judiciary in the consolidated revenue fund and, let My Lords run their affairs so as to secure their independence and impartiality. It should also be made to sunk in the skull of Nigerian Governors that, the consolidated revenue fund of the state established under section 121 (3) of the constitution is not a personal property of the executive. It belongs to the Executive, Legislature and the judiciary. Suffice it to say that, keeping what rightfully belongs to other arms of government is an abuse of constitutional provisions.
To drive my point back home, a community reading of s.1, s.36, s.121 (3) and Seventh Schedule to the 1999 Constitution of the Federal Republic of Nigeria (2011 altered) begs the question: whether the act of subjecting the observance of financial autonomy for the judiciary to the decision of NGF by Governor Ganduje against the tenant of section 113 (3) plus his flagrant breach of Oath of Office enshrined in the Seventh Schedule amounts to “gross misconduct” in the performance of his functions so as to invoke the provision of section 188 (1) of the CFRN? Certainly yes. My authority is subsection (11) of s.188 of the CFRN which clearly defines “gross misconduct” to mean “a grave violation or breach of the provisions of this constitution…” Worryingly, the lawmakers who have the power to set the wheel of section 188 (1) into action are equally financially handicapped or at best political errands of the state governors. It is very unfortunate.
