Court dismisses Governors bid challenging $480m Paris Club deduction

The Federal High Court in Abuja on Friday dismissed a suit filed by the Attorney-General of the 36 states of the federation against the Federal Government.

The states are challenging in the suit the planned deduction of $418 million from the Federation Account to settle debts owed consultants engaged by the states and local governments in relation to the Paris Club refunds.

Justice Inyang Ekwo the presiding judge held in a. 51-page judgment that the 36 states Attorney’s General lacked the locus standi (Legal right) to file the legal action against the Federal Government.

Ekwo who maintained that the plaintiffs failed to prove to the court that they have the legal right to institute the action, also held that they (plaintiffs) have no constitutional powers to challenge the decisions of their state governors, whom he said the AGs are their appointees.

According to him, States Attorney’s General cannot challenge the constitutional powers of their state governors and held that “On the whole, I hold that the plaintiffs have no locus standi to institute the legal action against the governors of their states”.

The court further held that the case of the AGs of the 36 states of the Federation constitute an abuse of court processes as the court cannot seize the judgment which authorised deduction of the judgment debt.

“In view of the above, I hereby make an order dismissing the suit of the plaintiffs for lacking locus standi”, Justice Ekwo held and agreed with the defendants that there was an agreement for the deductions of $480 million from the federal allocation to the state governments.

He said the plaintiffs, who are neither members of the Nigerian Governors’ Forum nor, the Association of Local Government of Nigeria (ALGON), cannot challenge the action of the two bodies.

He said since the plaintiffs were complaining of the action of the state governors, they ought to have joined the Nigerian Governors’ Forum as respondents in the suit.

“On the whole, I do not see merit in this case and I make an order dismissing it for lacking in merit”, Justice Ekwo held.

Counsel representing the States AGs, Jibrin Okutepa (SAN), in his reaction, commended the judge for the timely delivery of the judgment in spite of the volumes of the processes filed.

“We appreciate the hardworking put into the matter. We commend your Lordship”.

Counsel to the respondents, who are, the President, Federal Republic of Nigeria and 43 others also commended the industry of the Judge in the judgment, which they noted was a result of hardworking.

The plaintiffs had, in their suit, want the court to restrain President Muhammadu Buhari and others from effecting the planned deduction from states’ funds to settle the debt owed consultants engaged by states and local governments.