The sum of N100 billion which was allegedly promised by the past Interior Minister, General Abdulrahman Danbazau, to Myetti Allah (Cattle Breeders Association) has been challenged via a lawsuit by a legal practitioner, Malcom Omirhobo on Thursday 13th of June 2019 in a Federal High Court, Abuja.
Omirhobo in an ex-parte application told the court that the Federal Government and the Ministry of Interior has no constitutional right to dispense such huge amount of money that was not included in the Nations budget.
In the suit marked FHC /CS/506/2019 addressed to Justice Ijeoma Ojukwu, Omirhobo also proposed that the money should instead be utilized in building schools, roads or used to assist small scale enterprises in the country.
The suit had the Federal Government of Nigeria, the Attorney General of Nigeria, the Minister of Interior, the National Assembly, the Inspector General of Police and Accountant General of Nigeria as the 1st to 7th respondents. It was brought in pursuant to Order 3 rules 6, 7, and 9 of the High Court (Civil Procedure, Rules 2009).
The Legal Practitioner sued in the name of the board of incorporated trustees of Malcom Omirhobo foundation.
Omirhobo wants the court to determine the following questions:
- Whether by the interpretation and/ or construction of Section 1 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended ), the Nigerian Constitution is the ground norm of Nigeria and its provisions have binding force on all authorities and persons throughout Nigeria including the Defendants?
- Whether by the interpretation and/ or construction of Section 80(1) (2 ) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended ), all revenues or money raised or received by the Federation shall be paid into the Consolidated Revenue Fund of the Federation.
- Whether by the interpretation and/ or construction of Section 80 (2), (3) and (4) of the 1999 Constitution of the Federal Republic of Nigeria (As Amended), monies could be withdrawn from the Consolidated Revenue Fund of the Federation where such is not authorised by an Appropriation Act or Supplementary Act by the 5th Defendant and without compliance with the provisions of Nigeria Constitution?
After determining the above questions, Omirhobo wants the court declaration “that by the interpretation and/ or construction of Section 80(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), all revenues or money raised or received by the Federation (not being revenues or other monies payable under the Constitution or any Act of the 5th Defendant, into any other Public Fund of the Federation established for a specific purpose) shall be paid into the Consolidated Revenue Fund of the Federation.
Justice Ojukwu declined to grant an ex-parte order, and has ordered the plaintiff to put the respondents on notice .
In reacting to the suit, Justice Ojukwu said Nigeria’s resources cannot be dispensed frivolously and that the Federal Government has to come to the court and explain why the plaintiff’s application should not be granted.
Consequently, she adjourned the suit along a second one by the plaintiff to September 30, 2019 for hearing of the motion on notice and originating summons.
News Source- Daily Times