CORAM

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SOWEMIMO,JUSTICE, SUPREME COURT

IRIKEFE, JUSTICE, SUPREME COURT

OKAY ACHIKE JUSTICE, SUPREME COURT

IDIGBE, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT

ESO, JUSTICE, SUPREME COURT

UWAIS, JUSTICE, SUPREME COURT

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PARTIES

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THE ATTORNEY GENERAL OF BENDEL STATE APPELLANTS

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RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

The plaintiff is claiming among others, a declaration against the defendant that sub-sections (1) and (2) of section 2 and sub-section (1) of section 6 of the allocation of Revenue (Federation Account etc.) Act, 1981 is unconstitutional and void in so far as each of the said sub-sections makes provision for a fund to be administered by the Federal Government.

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HELD

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The Court held that while the section 2 sub-sections (1) and (2) of Act No. 1 of 1982 are ultra vires , the establishment and composition of the State Joint Local Government Account Allocation Committee are intra vires the National Assembly and therefore valid.

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ISSUES

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whether in making the provisions in section 2 sub-sections (1) and (2) of Act No. 1 of 1982 for (1) a fund to be administered by the Federal Government for the amelioration of ecological problems in any part of Nigeria and (2) a fund to be administered by the Federal Government for the development of mineral producing areas, the National Assembly had acted ultra vires. Whether Federal Government can validly make an Act conferring powers or imposing duties on State functionary Whether Federal Government has power to administer, withhold or prescribe mode of distribution monies due to a State in the Federation Account

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RATIONES DECIDENDI

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2. SEPARATION OF POWERS VIS A VIS CHECKS AND BALANCES

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“As a general principle of constitutional law, it is implicit in the character of a federal constitution that neither the Federation nor the States could make laws imposing extra burden on each other. This is because the legislative power in a true federation usually involves the division and limitation of governmental power…It accordingly follows that in character the Constitution makes it possible for both the National Assembly and a State House of Assembly to impose duty on or invest power in State and federal functionaries respectively where there is an express or implied Provision under the Constitution that gives the enabling power.” Per Uwais JSC

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3.DUTY OF FEDERAL GOVERNMENT IN RELATION TO THE FEDERATION ACCOUNT

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“It is settled that it is the duty of a trustee to keep a proper account of the trust he administers. And the beneficiary has a right to call upon the trustee for accurate information as to the state of the trust. Consequently, it is imperative for the Federal Government to render accurate and regular account to the beneficiaries of all moneys paid into the Federation Account when requested to do so.” Per Uwais JSC

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1.PREROGATIVE TO EXERCISE FULL CONTROL OVER ALLOCATED FUNDS TO THE STATES

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“It seems to me therefore that once the Federation Account is divided amongst the three tiers of government, the State Governments collectively become the absolute owners of the share that is allocated to them (i.e. 35 per cent). So that it would normally be their prerogative to exercise full control over the share. Consequently, it will not be appropriate for the Federal Government to administer the share without the authorisation of the State Governments. This appears to be logical and in keeping with the fundamental principle of federalism on the autonomy of the constituent States” Per Uwais JSC

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CASES CITED

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Attorney-General of Bendel State v. Attorney-General of the Federation and 22 Ors (1982) 3 N.C.L.R. 1 at pp. 42, 68 and 146Attorney-General of Ogun State & Ors v. Attorney-General of the Federation & Ors., (1982) 3 N.C.L.R. 168 at pp. 179, 189, 194 and 201-202.

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria, 1979Allocation of Revenue (Federation Account etc.), Act, 1981 (No. 1 of 1982)

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