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Just In : Governor sues Federal Government At Supreme Court To End Alleged Illegal Deductions

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Just In : Governor sues Federal Government At Supreme Court To End Alleged Illegal Deductions

The state government instituted a constitutional action against the Federal Government through its Attorney General before the Supreme Court in suit no. SC/CV/555/2024.

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The Adamawa State Government has approached the Supreme Court, seeking the interpretation of Section 162 (1), (2) and (3) of the Constitution regarding the distribution of revenue from the Federation Account.

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The state government instituted a constitutional action against the Federal Government through its Attorney General before the Supreme Court in suit no. SC/CV/555/2024.

 

The suit by way of originating summons is for the constitutional interpretation of Section 162 of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

 

In the court document seen by SaharaReporters, the state government argues that the “entire sum in the Federation Account must be distributed among all levels of government without deductions, except as permitted by law”.

 

It also argues thus: “The President must comply strictly with the Constitution in managing and distributing revenue.

 

“All revenue collected, except those exempted by the Constitution, must be paid into the Federation Account for distribution to all tiers of government.

 

“The Federal Government has no discretion to withhold or deduct revenue for any purpose not expressly permitted by the Constitution.”

 

In essence, the Adamawa State Government is seeking a declaration that “proceeds from the federation account can only be distributed to the 3 tiers of government except as prescribed by law;

 

“A declaration that the federal government has no discretion in the distribution of revenues from the federation account by withholding or deducting any part thereof not expressly permitted by law

 

“Any deductions or withholdings made without constitutional backing are unconstitutional.

 

“The Federal Government’s discretion to manage revenue is limited to only to what is expressly permitted by the Constitution.

 

“Therefore, the State Government is seeking a strict interpretation of the Constitution to ensure that revenue distribution is done in a transparent and constitutional manner, without arbitrary deductions or withholdings by the Federal Government.”

 

 

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