Minister of Justice and Attorney General of the Federation, Abubakar Malami
By Ikechukwu Nnochiri
The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami, SAN, on Thursday, adduced reason why President Muhammadu Buhari signs Executive Orders, saying they are aimed at complementing existing legislation and ensure inter-agency coordination in the process of implementation.
Malami who made the explanation when he featured as a guest in a Radio Nigeria programme “Politics Nationwide”, maintained that Executive Orders are for ensuring constitutional compliance, as well as ensuring and enhancing operations of the government.
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He said the Orders further enhance the application of legal provisions, by providing necessary supervision required for enforcement.
In a statement that was signed by his media aide, Dr. Umar Gwandu, Malami pointed out that Executive Orders are naturally intended to force constitutional compliance as in the case of Section 121(3) of the 1999 Constitution of the Federal Republic of Nigeria that established the autonomy of state legislature and judiciary.
He said: “The Executive Order is, therefore, a necessary tool for the purpose of bringing to effect such autonomy by way of assigning certain responsibilities, both institutional and otherwise necessary for the purpose of enforcing the autonomy.
“By way of example, therefore, if the Federal Government wants to withhold the resources of a State Government that refuses to comply with the constitutional provision relating to the autonomy of State Legislatures and Judiciary then the Federal Government may require the services of the Office of the Accountant General of the Federation”.
“Similarly, if the government wants the state legislature to be part of the process relating to appropriation, for example, the agreement must be reached on the need for the state legislature to be alive to their responsibility”.
He said for coordinated institutional support, necessary and desirable for bringing to affect the operation, enforcement, and application of a constitutional provision, the Executive Order became necessary.
Malami said Executive Order No. 10 is meant to bring about the constitutionality associated with the autonomy of the state legislature and judiciary.
“The Attorney General of the Federation said the Executive Order No- 10 was also intended to achieve supervisory role by assigning responsibilities and ensuring proper supervision desired for the purpose of enforcement and application of autonomy constitutionally granted States legislature and judiciary as contained in Section 121(3) of the 1999 Constitution of the Federal Republic of Nigeria”, the statement added.
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