The Supreme Court has struck out a suit by the 36 state governments seeking to among others, compel the Federal Government to account for its earnings from the sale of liquefied natural gas, natural gas liquids and related products since 1999.
In a unanimous judgment, a seven-member panel of the court, presided over by Justice Uwani Abba-Aji held that the court lacked the original jurisdiction to hear and determine the suit, which has the Attorney General of the Federation (AGF) as the sole defendant.
In the lead judgment, Justice Mohammed Lawal Garba upheld the preliminary objection raised against the suit by the AGF and held that the subject of the case had been dealt with by the Supreme Court in its earlier decision in the case of the Attorney General of Bauchi State against the AGF.
Justice Garba agreed with the defendant that the suit amounted to an attempt to re-litigate issues already decided by the Supreme Court in the AG, Bauchi v. AGF case, which relates to the revenues accruable to the government of the federation, which are payable into the federation account.
In a unanimous judgment, a seven-member panel of the court, presided over by Justice Uwani Abba-Aji held that the court lacked the original jurisdiction to hear and determine the suit, which has the Attorney General of the Federation (AGF) as the sole defendant.
In the lead judgment, Justice Mohammed Lawal Garba upheld the preliminary objection raised against the suit by the AGF and held that the subject of the case had been dealt with by the Supreme Court in its earlier decision in the case of the Attorney General of Bauchi State against the AGF.
Justice Garba agreed with the defendant that the suit amounted to an attempt to re-litigate issues already decided by the Supreme Court in the AG, Bauchi v. AGF case, which relates to the revenues accruable to the government of the federation, which are payable into the federation account.
He held that the Supreme Court lacked the original jurisdiction to preside over and determine the case.
The judge proceeded to strike out the suit for want of jurisdiction to hear the case as presently constituted.
The states had prayed the court for the following reliefs:
An order directing the Federal Government of Nigeria to render an accurate and true account of the total income/profit/dividend, etc, earned by it from Nigeria’s participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, held in the name of Nigerian National Petroleum Corporation since 9th October 1999, when the first cargo of liquefied natural gas left the shores of Nigeria till date; and to pay same into the federation account for the purpose of appropriation and redistribution to the 36 states of the Federation and the Federal Capital Territory in the manner prescribed in Section 1 of the Allocation of Revenue (Federation Accounts, Etc.) Act CAP A15 LFN 2004
of Nigeria from its participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, in the name of Nigerian National Petroleum Corporation, is accountable to the 36 states and the Federal Capital Territory, for the total income/profit/dividend accruable to the Federal Government of Nigeria since 9th October 1999, when the first cargo of liquefied natural gas left the shores of Nigeria till date
A declaration that the income profit/dividend etc, accruable to the Federal Government of Nigeria from its participation in the business of Liquefying and sailing of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, in the name of Nigerian National Petroleum Corporation and carried on in trust for the benefit of the federation, Is “public money” in the light of Section 2 of the Finance Control and Management) Act, CAP F 26, LEN 2004, which by Section 80 of the 1999 Constitution of the Federal Republic of Nigeria, (as amended) is mandatorily required to be paid into a consolidated revenue fund of the Federation, for appropriation and redistribution in accordance with the Constitution of the Federal Republic of N gena 1959 (as amended).
A declaration that the Federal Government of Nigeria is obligated to render an accurate and true account of every income/profit/dividend etc. gamed by it from Nigeria’s participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, held in the name of Nigerian National Petroleum Corporation since 9th October 1999, when the first cargo of liquefied natural gas left the shores of Nigeria till date; and to pay same into the federation account, for the purpose of appropriation and redistribution to the 36 states of the Federation and the Federal Capital Territory, in the manner prescribed in Section 1 of the Allocation of Revenue (Federation Accounts, Etc.) Act CAP A15 LFN 2004
Public Opinion/ Analysis;
Many Nigerians said court is a wasting time that will not give results. Some group when interviewed on their view of Supreme Court ves State governors, they is a case of two people of the same feather pretending to be keeping the public busy.
Some youths said the State governors, the federal government and the supreme Court, are those that place Nigerians in this condition. Many youths said it is a waste of time and energy for the governors to feel it will get justice, over the Federal government.
