A federal high court in Abuja has dismissed a suit seeking
to restrain President Muhammadu Buhari and others from effecting the planned
deduction of $418 million from states’ funds to settle the Paris Club Fund
debt.
Inyang Ekwo, the judge, while delivering judgment on Friday,
held that the plaintiffs who are the attorneys-general lacked the locus standi
to institute the suit.
The plaintiffs in the suit marked: FHC/ABJ/CS/1313/202
sought to restrain the president and others from effecting the planned
deduction of $418 million from states’ funds to settle the debt owed
consultants engaged by states and LGs.
The controversial payment of $418 million to consultants
over the Paris Club refund had become a contentious issue between the three
tiers of government.
Consultants had claimed the amount as a percentage for the
payment of services rendered to the states and local government councils.
The federal government maintained that its decision to
deduct the fund to settle some consultants was based on a previous verdict of
the court.
It argued that since the court had earlier decided on the
matter, proceeding with the suit would amount to a high court sitting on appeal
over its own judgment.
The court, had on November 5, restrained the federal
government from deducting $418 million from states’ accounts to pay the
disputed debt.
But delivering judgment, Ekwo held that the state
attorneys-general lack the legal standing to institute the lawsuit with the
consent of their respective governors.
“There was no express
evidence to show that the state governors consented to the file of the suit,”
he said.
“The office of the attorney-general of a state was created
under Section 195 of the 1999 Constitution, as amended.
“The AG of a state is appointed by a governor, which makes
the AG an appointee, who is under the control of a governor.
“From the court’s findings, the plaintiff has no locus
standi to file the suit, therefore there was no cause of action.
“The state
attorneys-general cannot on their own bring this suit given the provisions of
Section 211 of the 199 Constitution.
“This suit does not fall within the class of suits that can
be initiated by the state attorneys-general without the consent of the
governors.”
The judge dismissed the plaintiffs’ claim that the contract
was not entered by the states because the Nigeria Governors’ Forum (NGF) and
the Association of Local Governments of Nigeria (ALGON) are not constitutionally
recognised bodies.
Ekwo said both the NGF and ALGON are duly registered bodies
that could sue or be sued.
The judge also held that the suit amounts to an abuse of
court process.
“On the whole, I do not see any merit in the case and I
accordingly dismiss it as lacking in merit,” the court held.
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