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Independence of Judiciary & Legislature

PLAC Publication: Constitution Amendment Clarifies Financial Independence of State Legislature and Judiciary

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Independence of Judiciary & Legislature

This factsheet by PLAC provides an analysis of the Constitution of the Federal Republic of Nigeria, 1999 (Fifth Alteration) (No.6) Act, 2023, which provides for the financial independence of State Houses of Assembly and State Judiciary. This alteration provides detailed provision for the implementation of financial autonomy for the State Houses of Assembly and State Judiciary. It specifically alters Section 121 of the Constitution to state that funds due to the State Assembly and Judiciary shall be paid directly into the account of the Assembly and to the heads of courts in the case of the Judiciary. It further establishes a Disbursement Committee for each State chaired by the State Commissioner of Finance and comprising official representatives from the three arms of government.

It also alters Part II of the Third Schedule to the Constitution, to recognise the State House of Assembly Service Commission, which was only recognised by State laws before now.

See Factsheet here: bit.ly/3Gy5Eof