Rep sues Buhari, five others over N700b bailout fund to states

MEMBER of the House of Representatives, Hon. Igariwey Iduma Enwo, yesterday dragged President Muhammadu Buhari and five others to court over his release of bailout funds to state governments, contending that the presidential directive contravenes Sections 162, 163, 164 and 168 of the 1999 Nigerian constitution as amended. Hon. Enwo PDP represents Afikpo North/ South Federal Constituency Ebonyi State.

Other functionaries joined with the president in the suit filed at the Federal High Court, Abuja; include the Attorney General of the Federation, Federal Ministry of Finance, Revenue Mobilization, Allocation and Fiscal Commission, (RMFAC); Accountant-General of the Federation and the Auditor-General of Federation.

The plaintiff explained that the originating summon was brought pursuant to order 3 rule 9 (1) (2) of the Federal High Court rules and under the inherent jurisdiction of the Court.

In the writ of summons taken out by his counsel, Messrs Okey Muo Aroh, Igariwey formulated two questions for determination including whether having regards to the combined effect of Section 162, 163, 164 and 168 of the 1999 Constitution as amended, which prescribes the way and manner public revenue shall be distributed from the Distributable Pool Account, (DPA); the 1st defendant can by itself or by way of fiat, issue a lawful directives to the 3rd to 6th defendants to appropriate, distribute, allocate and disburse public revenue from the DPA to the federal, state and local governments without the prescription of the National Assembly.

The second issue for determination is, whether having regards to the combined effect of Section 162, 163, 164 and 168 of the 1999 constitution as amended, which stipulates procedures public revenue shall be distributed from the Distributable Pool Account, (DPA); the 1st defendant can unilaterally without recourse to the National Assembly, distribute, allocate and disburse public revenue by way of grants in aids or any other manner from the DPA to the federal, state and local governments.

In the suit No. FHC/ABJ/CS/622/15; Igariwey is seeking among other reliefs, a declaration that all allocation, distribution and disbursement of public revenue from the DPA made by the defendants to the federal, state and local governments without recourse to NASS is unconstitutional, illegal, unlawful and null and void as well as a declaration that all allocation, distribution and disbursement of public revenue from DPA made by the defendants to the federal, states and local governments as grants in aids without recourse to NASS is unconstitutional, illegal, unlawful and null and void.

Other reliefs sought are as follows: “An order of perpetual injunction restraining the defendants from further allocation, distribution or disbursement of public revenue from the Distributable Pool Account to the federal, states and local governments without the prescription of the National Assembly.

“An order of mandatory injunction compelling the defendants to abide by sections 162, 163, 164 and 168 of the 1999 Constitution as amended; at all material time of allocation, distribution and disbursement of public revenue from distributable account. And such further or other orders the court may deem fit to make in the circumstances of this case.”

The defendants were mandated to, within 30 days of the service of the summons on them, including the date of service, July 15, 2015; enter appearance to the summons.