Human Rights Activist Drags Governor Obiano to Court Over 2019 Appropriation Bill

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Wednesday, January 30, 2019 12.00PM / KeneChukwu Okeke

 

A Human Rights activist Mr KeneChukwu Okeke the National Coordinator of Good Governance Initiative has sued the Executive Governor of Anambra State, Chief Willie Obiano over the process by which the 2019 appropriation bill was passed in the country. 

Mr Okeke said the manner in which the appropriation bill  passed by the State House of Assembly on the 13th of December , 2018 was illegal and unconstitutional. 

In the suit, marked A/462/2018, instituted by Mr. KeneChukwu Okeke, MCSD; the plaintiff is, inter alia,  seeking that the court should determine:


“Whether the dependence of the Legislative and Judicial arms of government on the Executive Arn for its budgeting & Funding impinge on the cardinal principles of separation of powers,  if affirmative, whether the said executive interference in judicial functions is directly responsible for the present state of inadequate judicial infrastructure, poor welfare of Judiciary Staff, including but not limited to delays in administration of justice, and if further affirmative, whether the said executive direction, control, or interference with budgeting & funding of Legislature and Judiciary, doth violence to Sections 121 (2), 121 (3) & 124 (1), 124 (2) 124 (3) & 124 (4) of the 1999 Constitution (amended), and so therefore illegal & unconstitutional?"

The Claimant who filed the case on behalf of himself and the people of Anambra State is praying the Court, upon determination of the question, to hold   that the 1st Defendant (Executive Governor) acted malafide and ultra vires its constitutionally conferred powers and functions, and that "public rights espoused by the principles of separation of powers guaranteed under section 4 (6), 5 (2), 6 (2), 121 & 124 of the 1999 Constitution of the Federal Republic of Nigeria (amended), has been, is being, and is likely to be violated" amongst other prayers, thus:

“A Declaration that by virtue of Sections 121 (2), 121 (3) & 124 (1), 124 (2), 124 (3), 124 (4) of the 1999 Constitution (amended), remuneration, salaries, allowances, and recurrent expenditure of the Legislature and Judiciary are standing credit, as charged upon the Consolidated Revenue Fund of the State, and as such, do not form part of the estimates of the revenue and expenditure of the State to be included in the Appropriation Bill as proposed expenditures by the Executive Governor (1st Defendant)."

"A Declaration that by virtue of section 121 (3) of the 1999 Constitution (amended), any amount standing to the credit of the Legislature and Judiciary in the Consolidated Revenue Fund of the State shall not be released to the Legislative and Judicial  Arms in quarterly tranches, warrants, piecemeal or other means through any State Ministry, and/or the office of the State Accountant-General or any other person in the Executive Arm, but shall be paid directly to the House of Assembly or Legislature and the Judiciary from the Consolidated Revenue Fund of the State, as it does not form part of the estimates of the revenue and expenditure  of the State to be included in the Appropriation Bill as proposed expenditures by the Executive Governor (1st Defendant)."

"A Declaration that the dependence of the Legislative and Judicial Arms of Government on the Executive Arm for its budgeting and funding, impinge on the cardinal principles of separation of powers,  and it is directly responsible for the present state of inadequate judicial infrastructure, poor welfare of Judiciary Staff, including but not limited to delays in administration of justice, and the said executive control or interference with the budgeting and funding of the Legislature and Judiciary is in contumacy to sections 121 (2), 121 (3) & 124 (1), 124 (2), 124 (3), 124 (4) of the 1999 Constitution (amended),, and so therefore illegal and unconstitutional."

"A Declaration that the 1st, 2nd, 3rd Defendants had violated the respective Oaths of Allegiance and oaths of ofgice taken and subscribed to, as prescribed in the Seventh Schedule to the 1999 Constitution, by being in continual breach of Sections 121 & 124 of the 1999 Constitution of the Federal Republic of Nigeria (amended), which is the fons et erigo of our democracy."

"An Order of Perpetual Injunction do issue, restraining the Executive Governor (1st Defendant) either by himself, or through the Deputy Governor or Commissioners of the State Government or officers in the public service of the State from the direction, control or interference with the budgeting and funding of the Legislature and Judiciary, which impinge on the cardinal principles of separation of powers, in contumacy to Sections121 (2), 121 (3) & 124 (1), 124 (2) 124 (3) & 124 (4) of the 1999 Constitution - 

Laying before the State House of Assembly  (3rd Defendant), the estimates of the revenue and expenditure of the State, by including the budgetary estimates of the Legislature and Judiciary which do not form part of the estimates of the revenue and expenditure of the State to be included in the Appropriation Bill as proposed expenditures,  and subsequent release of the Legislature and Judiciary funding in quarterly tranches, warrants, or piecemeal by the Executive Arm."

"An Order of Perpetual Injunction do issue, restraining the House of Assembly  (3rd Defendant) from voting or passing any appropriation bill, supply bill or spending bill laid before it by the Executive Governor (1st Defendant) which included budgetary estimates, remuneration, salaries, allowances, and recurrent expenditures of the Legislature and Judiciary, as prepared by the Executive Governor."

"AN Order of Mandamus doth issue, further compelling the Anambra State Government to tender a public apologia to the Anambra People via print and electronic media, having impinged on the cardinal principles of separation of powers, and to have so contributed to such a present state of bad governance, inadequate judicial infrastructure, poor welfare of Judiciary Staff, including but not limited to delays in administration of justice in Anambra State."

The Claimant further applied for an accelerated hearing of the Suit on January, 28, 2019. All Court Processes have been filed, served and completed by the parties. No date has been fixed for the hearing of the Suit.

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