CORAM
NIKI TOBI JUSTICE, SUPREME COURT
IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT
GEORGE ADESOLA OGUNTADE JUSTICE, SUPREME COURT
PARTIES
1. ATTORNEY-GENERAL OF ABIA STATE2. ATTORNEY-GENERAL OF DELTA STATE3. ATTORNEY-GENERAL OF LAGOS STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The substance of the plaintiffs’ claim in this action is that some of the provisions of the Monitoring of Revenue Allocation to Local Governments Act 2005 are inconsistent with the provisions of the 1999 Constitution of the Federal Republic of Nigeria.
HELD
The Court held by a majority of 5:2 that no such powers are conferred on the National Assembly or the Federal Government to “monitor funds” allocated to the Local Government Councils.
ISSUES
1. Whether the 1st Defendant (representing the National Assembly in this case) has the legislative competence to enact the Monitoring of Revenue Allocation to Local Governments Act, 2005.2. Whether the said Act is not wholly or partially inconsistent with extant provisions of the Constitution of the Federal Republic of Nigeria, 1999?
RATIONES DECIDENDI
EXTENT OF AUTHORITY OF THE FEDERATION ACCOUNT ALLOCATION COMMITTEE
“It is realised that the Federation Account Allocation Committee is a federal body. In the circumstance, the rendition of monthly returns to a federal body in a matter which is within the exclusive domain of the State, vide section 162(8), is against the federal structure in the Constitution. And what is more, section 162 of the Constitution, otherwise known as the fiscal provision in the Constitution, does not provide or order such rendition. And again, what is more, the Federation Account Allocation Committee is not known in the Constitution and therefore cannot play any constitutional or statutory role on the face of the clear provisions of section 162 of the Constitution.” Per Niki Tobi, JSC
SUPREMACY OF THE CONSTITUTION
“Without repeating the question, I should answer it by saying that a person, body or organisation named in the Constitution and functions spelt out therein, cannot in law perform any other statutory functions which are not borne out from the Constitution, particularly when the statutory function deviates or subtracts from the constitutional function. This is the essence of section 1 of the Constitution.” Per Niki Tobi, JSC
CASES CITED
1. A.G. Ondo State v. A.G Federation & Others [2002] 9 NWLR (Pt 772) 2222. Attorney-General of Bendel State v. Attorney-General of the Federation & Ors (1983) N.S.C.C. Vol.14, 1813. Chief Olafisoye v. Federal Republic of Nigeria (2004) 1 SCM 36, (2004) 4 NWLR (Pt. 804) 5804. Ezeakabekwe v. Emenike (1998) 11 NWLR (Pt. 575) 529 ?
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria, 1999 2. Monitoring of Revenue Allocation to Local Governments Act, 2005