The supreme court has declared that it is not the responsibility of the federal government to fund the capital and recurrent expenditure of state judiciary.
All 36 states through their attorneys-general had in a suit filed before the apex court on September 17, 2020, argued that it is the federal government’s responsibility to fund capital and recurrent expenditures of state high courts, sharia court of appeal and customary court of appeal.
According to them, section 81(3) of the 1999 constitution, makes provision for the funding of the courts.
“That item 21(e) of the Third Schedule to the 1999 Constitution provides that the National Judicial Council (NJC) is to collect from the defendant and disburse all capital and recurrent expenditure in respect of all the courts established under Section 6 of the same Constitution,” the states had argued.
“That Section 121(3) of the constitution makes provision for all capital and recurrent expenditures for courts not established under Section 6 of the constitution by the respective plaintiff’s states.”
Augustine Alegeh, who represented the states had said: “Our position is that funds meant for the judiciary should be taken from the consolidated revenue fund and handed to the NJC for disbursement to heads of courts as stipulated in section 6 of the constitution.”
However, in a split judgment on Friday, four out of a seven-member panel of the apex court held that the responsibility of funding state courts lies with the state governments.