Delta State Judiciary Fund Management (financial Autonomy) Law, 2019 (1)

DELTA STATE JUDICIARY FUND MANAGEMENT (FINANCIAL AUTONOMY) LAW, 2019

1. Short Title and Commencement. This Law may be cited as the Delta State Judiciary Fund Management (Financial Autonomy) Law, 2019 and shall come into force on the 23rd day of January, 2020.

2. Interpretation. In this Law, unless the context otherwise Requires: "Accountant-General" means the Accountant-General of Delta State; "Auditor-General" means the Auditor-General of Delta State; "Board" means the Statutory Funds Management Board under this Law; "Chief Judge" means the Chief Judge of the Delta State High Court of Justice; "Chief Registrar" means the Chief Registrar of the Delta State High Court of Justice and the Chief Registrar of the Customary Court of Appeal; "Committee" means the Departmental Funds Management Committee established under this Law; "Consolidated Revenue Fund" Includes the Consolidated Revenue Fund of Delta State; "Customary Court of Appeal" means the Delta State Customary Court of Appeal; "Delta State Judiciary" means the High Court of Delta State, the Customary Court of Appeal, Revenue Court, the Magistrate Court, Customary Court, the Delta State Judicial Service Commission, the Multi-Door Courthouse and any other Court created or established by a Law of the Delta State House of Assembly; "Department" means the different Courts of the Delta State Judiciary established under this Law; "Governor" means the Governor of Delta State of Nigeria; "Heads of Court" means the Chief Judge of the State High Court and the President of the Customary Court of Appeal; "High Court" means the Delta State High Court of Justice; "Judiciary Accounts" means the Statutory Judiciary Accounts of the Delta State Judiciary established under this Law; "Judiciary" means Delta State Judiciary; "Monetary threshold" means the value limit in naira set by the Board for the State Judiciary for the award of procurement contacts; "President of the Customary Court of Appeal" means the President of the Customary Court of Appeal, Delta State; "State" means Delta State of Nigeria.

3. Establishment and Composition of the Funds Management Board. (1) There is hereby established a body to be known as the Funds Management Board. (2) The Board shall consist of: (a) The Chief Judge who shall be the Chairman; (b) The President of the Customary Court of Appeal who shall be the Vice Chairman; (c) The Chief Registrar of the High Court of Justice who shall be the Secretary; (d) The Chief Registrar of the Customary Court of Appeal; (e) The Directors of finance of the High Court of Justice and the Customary Court of Appeal; (f) One Director nominated by the Chief Judge from the High Court of Justice; (g) One Director nominated by the President of the Customary Court of Appeal from the Customary Court of Appeal; (h) The Director-General of the Delta State Multi-Door Courthouse and (i) The Secretary of the Delta State Judicial Service Commission.

4. Functions of the Board. The Board shall: (a) consider the manner in which Funds in the Judiciary Accounts are applied for the services and administration of the Delta State Judiciary; (b) submit quarterly reports in respect of Paragraph (a) of this Section to the Chief Judge; (c) set approve and amend monetary threshold for the Judiciary, and (d) approve and award all contracts, procurements and services above N10,000,000.00 (One million Naira) only.

5. Power to Co-opt. The Board may co-opt any person to be a member at its meeting provided that the person shall not be entitled to vote at (the meeting of the Board or any of its Committees or for the purpose of determining the quorum.

6. Management of Funds. The Delta State Judiciary shall have the power to manage its Capital and Recurrent Expenditure in accordance with the provisions of this Law.

7. The Accounting Officer/Duties. (1) The Chief Registrar shall be the Accounting Officer of the State Judiciary. (2) The Chief Registrar shall: (a) set up for the State Judiciary adequate mechanism to enhance efficient management of funds; (b) establish and maintain Judiciary Accounts after due consultation with the Heads of the Courts concerned and the Board; (c) maintain and administer the Judiciary Accounts and apply the funds to the services and administration of the State Judiciary in accordance with applicable financial regulations in the State in consultation with the Heads of the Courts concerned; (d) maintain proper books of accounts and records in such form that shall conform to standard financial practice; and (e) be responsible for the preparation of quarterly financial statement of accounts which shall be submitted to the Auditor-General of the State.

8. Establishment and Composition of Departmental Funds Management Committee. (1) There shall be established a Committee to be known as the Departmental Funds Management Committee. (2) The Committee shall consist of: (a) The Chief Registrar of the High Court who shall be the Chairman; (b) The Chief Registrar of the Customary Court of Appeal who shall be the Vice Chairman; (c) Directors of the following Divisions in the High Court of Justice and the Customary Court of Appeal: (i) Finance and Accounts; and (ii) Planning, Research and Statistics; (d) Representative of the Department whose project is being considered; (e) One Director from the Multi-Door Courthouse; and (f) The Secretary of the Delta State Judicial Service Commission. (3) The Committee shall perform its functions on all contracts, works, services and procurements in the State Judiciary up to the sum of (Five Million Naira) only. (4) The Committee shall have the power to invite any person or group of persons to attend its meetings.

9. Quorum. The quorum of the Board or the Committee established under Sections 3 and 8 of this Law shall not be less than two-third of all the Members of the Board or the Committee inclusive of the Chairman.

10. Approval Limits. (1) The Chief Judge shall approve Capital or Recurrent Expenditure up to the sum of (Ten Million Naira) only. (2) The President of the Customary Court of Appeal shall approve Capital or Recurrent Expenditure up to the sum of N10,000.000.00 (Ten Million Naira) only. (3) The Chief Registrar of the High Court shall hall approve Capital or Recurrent Expenditure up to the sum of N500,000.00 (Five Hundred Thousand Naira) only, subject to the ratification of the Chief Judge. (4) The Chief Registrar of the Customary Court of Appeal shall approve Capital or Recurrent Expenditure up to the sum of N500,000.00 (Five Hundred Thousand Naira) only, subject to the ratification of the President of the Customary Court of Appeal. (5) The Director-General of the Delta State Multi-Door Courthouse shall approve Capital or Recurrent Expenditure up to the sum of N500,000.00 (Five Hundred Thousand Naira) only, subject to the ratification of the Chief Judge. (6) The Secretary of the State Judicial Service Commission shall approve Capital or Recurrent Expenditure up to the sum of N500,000.00 (Five Hundred Thousand Naira) only, subject to the ratification of the Chief Judge.

11. Establishment and Functions of Due Process Unit. (1) There shall be established a Due Process Unit which shall report to the Chief Registrar. (2) The Due Process Unit shall: (a) prepare and update standard bidding and contract Documents; (b) prevent fraudulent and unfair procurement and where necessary, apply administrative sanctions; (c) ensure the attainment of competitiveness, transparency, cost effectiveness and professionalism in the Judiciary Procurement system; (d) issue certificate of "NO OBJECTION" for contract awards within the threshold of approvals under this Law; and (e) Perform procurement audits and submit such report to the Chief Registrar.

12. Preparation of Estimates. The Chief Registrar shall in the last quarter of every year, after due consultation with the relevant Departments of the Delta State Judiciary and Committees, prepare annual estimates of all income and expenditure for the services and administration of the Judiciary for the next financial year and such estimates shall be forwarded to the Governor for inclusion in the Appropriation Law for that year.

13. Payment into Statutory Judiciary Accounts. The Governor shall in pursuance of Section 121(3) of the Constitution of the Federal Republic of Nigeria 1999 as amended cause funds in the Consolidated Revenue Fund due to the Judiciary for Capital and Recurrent Expenditure to be released monthly or quarterly by the Accountant-General into the Statutory Judiciary Accounts of the State High Court and the Customary Court of Appeal.

14. Audit. The Judiciary Accounts shall be audited by the Auditor-General of the State or any person authorized by him.

15. Power to make Regulations. The Chief Judge and the President of the Customary Court of Appeal shall make general Regulations to give effect to the Provisions of this Law.

16. Repeal. The Judiciary (Financial Autonomy) Law 2014 is hereby repealed.

17. Savings. Notwithstanding the provisions of this Law, anything done or purported to have been done under the repealed Judiciary (Financial Autonomy) Law 2014 remains valid.