Lawyers Drag Finance Minister, Attorney-General, CBN Governor To Court Over ‘Illegal Deductions’ From Local Govt Allocation
Others taken to court are; the Governor of the Central Bank of Nigeria, (CBN), the Registered trustees of Association Of Local Government Of Nigeria, (ALGON), Bello Lawal, President of ALGON and Mathan Nigeria Limited.
Two lawyers, Onabe Wilfred Ewoh Esq and Fayenengigha Israel Jacob Esq, have dragged President Bola Tinubu’s Finance Minister, Wale Edun and the Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, SAN, among others to the Federal High Court to stop the “illegal deductions” of the local council monthly allocations.
Others taken to court are; the Governor of the Central Bank of Nigeria, (CBN), the Registered trustees of Association Of Local Government Of Nigeria, (ALGON), Bello Lawal, President of ALGON and Mathan Nigeria Limited.
In the law suit filed at the Federal High Court in the Abuja judicial division sighted by SaharaReporters and marked FHC/ABJ/CS/1797/2024, the two lawyers, Onabe Wilfred Ewoh and Fayenengigha Israel Jacob are the 1st and 2nd plaintiffs.
The Finance Minister, Minister of Justice and Attorney General of the Federation, Governor of the Central Bank of Nigeria, (CBN), Registered trustees of Association Of Local Government of Nigeria, (ALGON), Bello Lawal, President of ALGON and Mathan Nigeria Limited are the 1st to 6th defendants in the suit.
Counsels to the plaintiffs, A. A. Ejumejowo, T. J. Jack (Miss) and Agbaragu Efezino of the Ejumejowo & Associates chamber, Abuja, had on behalf of the plaintiffs filed a law suit challenging what they called a “faceless” health centres contract worth N85,744,797,539.66 across the 774 local government councils in the country.
This was purportedly entered into by the leadership of the 4th defendant with the 5th defendant.
According to an affidavit in support of their originating summons deposed to by the 1st plaintiff on behalf of the 2nd plaintiff, the suit posited that the originating motion was brought pursuant to the provisions of section 7 and 162 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended), Order 3 rule 6 and 7 of the Federal High Court (Civil Procedure) Rules 2019 and under the inherent jurisdiction of this honorable court.
According to the plaintiffs, “Sometime in September, 2024, the leadership of the 4th Defendant purported entered into a contract with the 5th Defendant for the construction of a health centre for each of the 774 Local Government Areas and Area Councils within the Federal Republic of Nigeria for the total sum of N85,744,797,539.66 purportedly on behalf of the 774 Local Government Areas and Area Council.”
The plaintiffs disclosed that the said contract entered into between the leadership of the 4th Defendant and the 5th Defendant was entered into without the consent and knowledge of the elected leadership of the 774 local government councils of the federal republic of Nigeria and no single health center has been constructed in the 774 local government councils.
Also, the 1st and 3rd defendants have continued to make unlawful and illegal deductions from the statutory allocation due to the 774 councils
The plaintiffs also noted, that the leadership of the 4th defendant had formally written to the 1st and 3rd defendant to deduct the total sum of N85,744,797,539.66 from the October, 2024 to the September, 2025 monthly allocations of the 774 local government councils, adding that the purported request from the leadership of the 4th defendant to the 1st and 3rd defendants is an unlawful and illegal interference with the autonomy of the elected leadership the councils when it is a known fact that the 1st to the 5th defendants have no legal standing to deduct the sum of N85,744,797,539.66 from the allocation of the councils.
Set for determination before the court are “Whether or not the 1st to the 4th defendants can cause to be deducted from the statutory allocation of the total sum of N85,744,797,539.66 from the statutory allocation of the 774 local government area councils of the Federal Republic of Nigeria and to be paid to the 5th defendant for the purported execution of a contract for the building of health centers without the consent of the elected leadership of the said councils and whether or not the 1st to the 5th defendants can act for and on behalf of the 774 area councils without their consent and approval.”
The plaintiffs however prayed the court to grant their following prayers:
“A declaration of this honourable Court that the 1st to 5th defendants lacks the lawful authority to authorize the 3rd defendant to deduct from the statutory allocations of 774 local government area councils of the Federal Republic of Nigeria the total sum of N85,744,797,539.66 or any other sum to be paid to the 5th defendant without the consent of the democratically elected chairpersons of the area councils.
“A declaration of this honourable court declaring that the 4th and the 5th defendants lacks the authority to act on behalf of the 774 area councils of the Federal Republic of Nigeria without the consent of the elected leadership of the local government areas and area councils obtained separately.
“An order of this honourable court restraining the 1st to the 5th defendants from further deducting the sum of N85,744,797,539.66 from the statutory allocations of the 774 area councils of the Federal Republic of Nigeria or any other sum to be paid to the 6th defendant without the consent of the democratically elected chairpersons of the 774 area councils of the Federal Republic of Nigeria.
“An order of this honourable court for an order of interlocutory injunction restraining the 1st to the 3rd defendants/Respondent from paying to the 5th defendant the sum of N85,744,797,539.66 from the statutory allocation due to the 774 local government area councils of the Federal Republic of Nigeria pending the hearing and the determination of this suit and for such further order(s) as this honourable court may deem fit in the circumstance.”
