Sixteen local government chairmen in Ekiti State have asked the Federal High Court in Abuja to void the approval given for the Federal Government to withdraw $1 billion from the Excess Crude Account of the Federation to prosecute its fight against Boko Haram insurgency.
Their request is contained in a suit in which they listed the Attorney General of the Federation (AGF), 36 governors and the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) as defendants.
The chairmen prayed the court to restrain the Federal Government, the 36 governors and their agents from giving effect to the appropriation and/or approval of appropriation of $1 billion or any other sum from the Excess Crude Account of the Federation, as contained in the decision of December 15, unless and by means of statutory allocation by the RMAFC.
They also prayed the court to declare that the approval of $1 billion by the 36 governors to purportedly execute the constitutional duty of the Federal Government, which has been sufficiently funded from the Federation Account, without their consent, is ultra vires, unlawful, null and void.
They sought an order of court declaring that in the discharge of its constitutional duty to safeguard the security and territorial integrity of Nigeria, the Federal Government, being the first defendantโs principal (AGF), must be funded in accordance with its Appropriation Act and by means of due accruals from the Federation Account only.
The plaintiffs urged the court to declare that the first to 37th defendantsโ appropriation and/or approval of appropriation of $1 billion from the Excess Crude Account of the federation made at the National Economic Council (NEC) meeting on December 12 without regard to the consent of the 38th defendant (RMAFC)), the plaintiffs and the due appropriation of the various statesโ Houses of Assembly, is unconstitutional, unlawful and of no effect whatsoever.
They equally want a declaration that they are entitled to full share of all revenues accrued and accruable to the Federation Account and the Federation Excess Crude Account or any other account whatsoever operated by and for the Federation of Nigeria, including the $1,000,000,000 (which was purportedly approved for the expenditure of the Federal Government by the first to the 37th defendants at the 83rd NEC meeting on December 15, in accordance with Section 162 of the 1999 Constitution and the provisions of Allocation of Revenue (Federation Account) Act.
The plaintiffs raised some questions for the courtโs determination.
The plaintiffs are: Deji Ogunsakin (Ado Local Government Area); Bola Alonge (Ikere); Lanrewaju Omolase (Ekiti South West); Dapo Olagunju (Irepodun/Ifeelodun); Samuel Adeniyi (Ekiti East); Olumide Falade (Ise/Orun); Sade Akinrinmola (Gbonyin); Tayo Ogundare (Oye); Chief Ayodeji Arogbodo (Ido/Osi) and Taiwo Oguntuase (Emure).
Others are: Kolawole Omotunde (Ekiti West); Bolaji Jeje (Efon); Adesola Adeyanju (Ikole); Ganiyu Bakare (Ilejemele); Adeniyi Adebayo (Moba) and Abiodun Dada (Ijero).
