Adamawa government drags FG to Supreme Court; seeks full sharing of revenue accrued to Federation account.

Barr. Afraimu Jingi, the Attorney-General and Commissioner of Justice, has sued the federal government in the Supreme Court on behalf of the Adamawa State Government, demanding the full distribution of all accumulated income to the federation account.

On Wednesday, our correspondent picked up a suit, SC/CV/555/2024. The Adamawa State government has filed a summons for a constitutional interpretation of Section 162 of the Federal Constitution.

The government of Adamawa State is very concerned about the federal government’s actions that go beyond what the constitution says in Sections 165 (1), (2), and (3).

These actions include withholding and keeping some of the money that comes in from the federation account, funding other agencies, and taking money out of the federation account.

It started a summons for a clear and constitutional interpretation of Section 162 of the Federal Constitution.

Leading counsel for the state, D. D. Dodo, SAN, is seeking three declaratory and injunctive reliefs in addition to several orders.

The statement asserts that unless the legislation says otherwise, only the three tiers of government can get a declaration from the federation account.

  1. It was declared that the federal government lacks discretion in the allocation of federation account funds, either mandating or withholding any part not specifically allowed by law.

  2. A declaration stating, among other things, that the FG cannot finance any project or derivation using any funds from the federation account.

Forecasting three grounds, the lawsuit said that Nigeria as a federation is a creation of the 1999 Constitution with the President as the head of the Federal Executive arm of the Federation and has sworn to uphold and give effect to the provisions of the Constitution.

Through the state Attorney-General, the Adamawa state government sued the federal government, alleging gross misbehaviour and abuse of power by keeping part of the money accumulated in the federation account, funding other agencies, and making deductions from the federation account outside what has been constitutionally provided under Sections 165 (1), (2), and (3).

Demian Dodo asked the Supreme Court for an injunction instructing the federal government to divide any income accumulating into the federation account.

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