FAAC: Court docket strikes out Ekiti Govt’s request to cease allocation to Police Belief Fund 

The Federal Excessive Court docket in Abuja on Monday struck out a restraining go well with filed by the Ekiti State Authorities towards the deductions made by the Federal Authorities of Nigeria from the Federation Account to fund the Nigeria Police Belief Fund.

Justice Obiora Egwuatu struck out the go well with, declaring it an abuse of courtroom course of, in step with the preliminary objection raised by the authorized workforce of the Minister of Finance, Wale Edun.

Amongst different reliefs, the Ekiti State Authorities, via its Lawyer Basic, sought “a declaration restraining the Authorities of the Federal Republic of Nigeria, the Minister of Finance, and others from implementing or persevering with to implement the provisions of Part 4(1)(a) and Part 4(1)(b) of the Nigeria Police Belief Fund (Institution) Act, or in any method in any respect deducting or persevering with to deduct 0.5% of the full income accruing to the Federation Account, or any sum in any respect from the income accruing to the Federation Account, together with gathering direct levies from firms for the aim of funding the Nigeria Police Belief Fund or in any respect.” 

Authorized Disputes 

Within the go well with marked FHC/ABJ/CS/253/2023, counsel for the plaintiff, O. O. Olowolafe, SAN, argued that no provision of the 1999 Structure (as amended) permits the Federation to allocate funds from the Federation Account to any of its companies or to make legal guidelines permitting such deductions.

• The senior lawyer additionally accused the Income Mobilization Allocation and Fiscal Fee of wrongfully advising and conniving to make the deductions, allegedly in breach of the Structure and to the detriment of the plaintiff.
• In response, Wuraola Obiegbu, counsel to the Attorney General of the Federation and the Accountant Basic of the Federation, argued that the Structure doesn’t restrict the beneficiaries of funds from the Federation Account to solely the Federal, State, and Native Governments of Nigeria.
• The lawyer added that the funding of the Police Belief Fund is constitutionally backed as a prescribed provision enacted by the Nationwide Meeting, which has the facility to take action.

C. Ezeukwu, counsel for the Income Mobilization Allocation and Fiscal Fee, advised the courtroom that the alleged deductions or disbursements had been a matter of proof, including that the plaintiff’s submissions failed to ascertain any violation.

Henrietta Ekeng, counsel for the Minister of Finance, submitted that the ministry didn’t collude to make deductions in breach of the Structure and had not acted in contravention of any legislation.

The lawyer emphasised that the courtroom lacked jurisdiction to entertain the matter, noting that the topic of the go well with had already been determined in Swimsuit No. FHC/ABJ/CS/511/2020: A.G. Rivers State v. A.G. Federation & 4 Ors, with judgment delivered on January 26, 2022.

The Minister of Finance urged the courtroom to carry that the go well with was an abuse of courtroom course of and that the plaintiff was not entitled to the reliefs sought.

What the Decide Stated 

Delivering judgment on Monday, Justice Egwuatu held that the subject material of the present go well with had already been litigated and dominated upon in a earlier judgment, from which the plaintiff may benefit.

• He mentioned submitting the current go well with—posing the identical questions and looking for equivalent reliefs—constituted an abuse of courtroom course of.
• He famous that the go well with was basically inviting the courtroom to ship a judgment that might doubtlessly battle with that of Justice A. R. Mohammed.

“Using judicial course of turns into abusive when a celebration improperly employs it to the irritation and annoyance of their opponent, and to the detriment of the environment friendly and efficient administration of justice,” the decide mentioned.

“In my opinion, that is one such improper use of judicial course of by the plaintiff,” he added.

• The decide resolved the matter in favor of the Finance Minister and towards the plaintiff and consequently struck out the go well with for need of jurisdiction and abuse of courtroom course of.

Backstory 

In Swimsuit No. FHC/ABJ/CS/511/2020, filed on Might 20, 2020, the Rivers State Authorities, via its Lawyer Basic, challenged the constitutionality and validity of Sections 4(1)(a) and 4(1)(b) of the Nigeria Police Belief Fund (Institution) Act, 2019, which permit for the deduction of 0.5% of the full income accruing to the Federation Account to fund the Nigeria Police Belief Fund.

On January 26, 2022, Justice Ahmed Mohammed dominated that the direct deduction of funds from the Federation Account to fund the Nigeria Police Pressure was unlawful and illegal.