THE NEED FOR ADEQUATE FUNDING OF THE JUDICIARY AND STATE LEGISLATURE: A CALL TO IMPLEMENT SECTION 121(3) & (4) OF THE 1999 CONSTITUTION FOR SUSTAINABLE GOVERNANCE IN NIGER STATE.
Nigerian Bar Association (NBA), Minna Branch
As the Chairman of the Nigerian Bar Association, Minna Branch, I feel compelled, on behalf of the Bar and the larger legal community, to add my voice to the ongoing national discourse on judicial and legislative financial autonomy. The pursuit of good governance, rule of law, and democratic accountability is incomplete without the independence—financial and institutional—of all arms of government.
In the past few years, the Nigerian judiciary has been grappling with myriad challenges, many of which stem from inadequate funding and financial dependence on the executive arm of government.
This situation not only undermines the doctrine of separation of powers enshrined in our Constitution but also stalls the wheels of justice, compromises oversight functions of the legislature, and weakens democracy itself.
Niger State, under the leadership of the Farmer Governor, Dr. Muhammadu Umaru Bago, now stands at a historical juncture—to enshrine lasting reforms by giving life to the constitutional mandate provided under Section 121 (3) and (4) of the 1999 Constitution (as amended).
The Constitutional Imperative
Section 121 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), unequivocally states:
“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.”
Section 121 (4) goes further to provide for the establishment of a Disbursement Committee in each state of the federation.
This committee is to comprise representatives from the three arms of government—Executive, Legislature, and Judiciary—with the mandate to ensure that funds appropriated to the Judiciary and Legislature in the annual Appropriation Law are disbursed to them in monthly installments as they accrue, for both capital and recurrent expenditures.
The essence of this constitutional provision is clear: to guarantee the financial autonomy of the Judiciary and Legislature, thus insulating them from undue interference by the Executive, ensuring that justice is dispensed impartially, and empowering the Legislature to carry out its critical oversight role without fear or favour.
Why This Matters Now More Than Ever
Justice administration is the bedrock of any democratic society. Where the judiciary is starved of funds, courtrooms fall into disrepair, judges work under dehumanising conditions, judicial officers are exposed to corrupt influences, and litigants face delays that amount to denial of justice.
Similarly, when the Legislature cannot function independently due to financial strangulation, it loses its vibrancy and effectiveness, becoming a mere rubber stamp rather than a critical counterbalance in a democracy.
In Niger State, we have seen the monumental infrastructural strides of the present administration under Dr. Bago—roads, hospitals, educational institutions, and agricultural revitalization.
These are commendable and worthy of emulation. However, for such physical developments to be sustainable, they must be undergirded by robust legal and institutional frameworks.
A well-funded judiciary and legislature will not only enhance the rule of law but also serve as watchdogs that prevent abuses, ensure contract enforcement, and guarantee rights for all residents.
The Disbursement Committee: A Game Changer
The Disbursement Committee, as conceived by the Constitution, is a brilliant innovation that embodies the principle of checks and balances. It ensures that no arm of government is subservient to another in matters of finance. If properly constituted and empowered in Niger State, this committee will eliminate the frequent delays in release of funds, reduce bureaucratic bottlenecks, and institutionalize fiscal discipline across the board.
We therefore call on the Executive Governor, Dr. Muhammadu Bago—renowned for his bold leadership and reformist zeal—to take the decisive step of fully implementing Section 121 (3) & (4) of the Constitution. This single act will not only uplift the administration of justice and legislative independence in Niger State, but it will also place the Governor’s name in the annals of history as a defender of democracy and true federalism.
Beyond Legal Compliance: The Legacy of Good Governance
Implementing the constitutional provisions on financial autonomy should not be seen merely as a legal obligation but as a strategic investment in governance.
It will: Promote judicial independence, leading to faster resolution of cases and stronger investor confidence;
Enable effective legislative oversight, reducing corruption, misappropriation, and administrative inefficiency;
Ensure transparency and accountability, as each arm of government will operate within its budgetary limits with minimal executive interference;
Attract donor and institutional support, as development partners often prioritise jurisdictions with strong governance architecture;
Enhance public trust in government, as citizens witness the functionality of independent and efficient democratic institutions.
In the spirit of partnership, we in the NBA Minna Branch pledge our full support and collaboration with the government in this journey.
We are ready to work with all stakeholders—judicial officers, legislators, civil society, and the executive—to ensure the operationalisation of the Disbursement Committee in Niger State.
Conclusion: A Moment to Lead
Governor Bago has already etched his name in gold through his infrastructure revolution and visionary projects. Now is the time to go further.
Implementing the financial autonomy of the judiciary and legislature will cement his legacy as a reformer, a respecter of constitutional governance, and a trailblazer in strengthening democratic institutions.
As Martin Luther King Jr. once said, “The arc of the moral universe is long, but it bends toward justice.” Let that arc bend firmly in Niger State—through financial autonomy, judicial independence, and legislative empowerment.
Let Niger State be the model of a truly democratic state in Nigeria, not only in roads and bridges but in fairness, justice, and institutional strength.
Long live the Nigerian Bar Association.
Long live Niger State.
Long live the Federal Republic of Nigeria.
Signed:
Isyaku Barau Esq.’
Chairman,
Nigerian Bar Association (NBA), Minna Branch
