Malami in fresh trouble over remittance of recovered funds

The Attorney General of the Federation and the Minister of Justice, Abubakar Malami SAN may be landing in a heavy task of defending President Muhammadu Buhari as the 36 states of the Federation file a suit at the Supreme Court challenging the Federal Government over non-remittance of recovered funds to the federation account.

The Attorneys-General of the 36 states filed the suit against the Attorney General of the Federation and Minister of Justice, Abubakar Malami.

The 36 states, in the suit, are seeking a declaration by the provisions of 162 (1) and Section 162(10) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), all income, returns, proceeds, or receipts derived from confiscated, forfeited and/or recovered assets constitute revenue must be remitted to the federation account for the collective benefit of the Federal, State and Local Governments.

The states are also seeking a declaration that the failure and/or refusal of President Muhammadu Buhari, the Minister of Finance, the office of the AGF, and the Accountant-General of the Federation, and all her relevant authorities and/or agencies of the federation to remit the receipts, income, returns or proceeds derived from all assets recovered, seized, confiscated and forfeited into the federation account to be distributed in accordance with the provisions of the Constitution” is unconstitutional.”

The plaintiffs further requested the court to declare that “it is unconstitutional for the President, through the federal Minister of Finance, the AGF, or any other authority whatsoever, to utilise, apply, allocate, expend and appropriate same to itself or distribute same in any other manner howsoever without due allocation from the federation.”

A renowned legal practitioner, Femi Falana Senior Advocate of Nigeria (SAN), filed the suit in June on behalf of the 36 states. He had noted that the Supreme Court is yet to give a date for the hearing of the suit.