Courtroom dismisses 36 governors’ $418m Paris Membership debt swimsuit in opposition to FG

Justice Ekwo held that the states’ Attorneys-General (AGs), who had been plaintiffs, lacked the legal right to institute the go well with marked: FHC/ABJ/CS/1313/2021 with out their governors’ consent.

“The states’ Attorneys-General can not on their very own convey this suit given the provisions of Section 211 of the 199 Constitution

“That is beyond the powers of the states’ Attorneys-General to initiate this suit on their very own.

“No explanation for action can flow when a plaintiff lacks the legal right to institute a suit.

“This suit does not fall throughout the class of suits that can be initiated by the State Attorneys-General without the consent of the governors,” the judge held.

He upheld the objection by a number of the defendants, stressing that the 36 states’ AGs, though filed the suit on behalf of the state governments,, they lacked the locus standi (the legal right) to provoke it.

He mentioned that since the debt being challenged arose from the actions of the governors, who’re members of the Nigeria Governors’ Forum (NGF), the AGs, who had been appointees of the governors, can not sue to challenge the actions of their principals.

“It’s the evidence on this case that the Nigeria Governors’ Forum and the Association of Local Government of Nigeria (8 Defendant) entered into the contracts and judgements had been awarded in opposition to them on behalf of their respective states and respective native authorities councils.

“This place leaves the first— seventh defendants in the place to pay the judgement money owed from the Federation Account.

“The plaintiffs not being members of the Nigeria Governors’ Discussion board or Affiliation of Local Government of Nigeria (as the eighth defendant) aren’t within the position to challenge this,” he mentioned.

The judge additionally held that the suit amounted to an abuse of courtroom process in that it was meant to seek a assessment of judgments already given in favour of the consultants.

Justice Ekwo mentioned that his court lacked the powers to overview judgments of courts of coordinate jurisdiction.

He proceeded to think about the suit on it advantage and held that it was with out merit.

“From the reliefs sought on this case, it’s a declaratory motion.

“The legislation is that the case of the plaintiff should succeed on the benefit and never on the failure or weak spot of the defence.

“In civil instances, the claimant has the burden of proving his declare on the stability of possibilities,” he mentioned

The choose proceeded to dismiss the swimsuit.

“I don’t see any benefit on this case on the entire and I hereby dismiss it for missing in benefit,” Justice Ekwo mentioned.

The Information Company of Nigeria (NAN) experiences that the court docket had, on Nov. 5, 2021, restrained the Federal Government from deducting monies accruing to the 36 states from federation account to settle 418 million {dollars} judgment debt in relation to Paris Membership Refund pending the dedication of the substantive swimsuit.

The court docket gave the order following an ex-parte movement moved by counsel to the plaintiffs, Jibrin Okutekpa, SAN.

NAN experiences that whereas the 36 states Lawyer-Generals are the plaintiffs on the swimsuit.

A number of the defendants listed within the suit embody the Lawyer-Common of the Federation (AGF), Accountant General of the Federation and Ministry of Finance.

Others are Central Bank of Nigeria, Debt Administration Office, Federation Account Allocation Committee, Included Trustees of Association of Local Government of Nigeria (ALGON), among others.

In accordance with the movement dated and filed Oct. 27, 43 defendants are sued within the matter.

Though 4 prayers had been sought for, Justice Ekwo granted three within the movement ex-parte.

The reliefs sought by the plaintiffs embody an order of interim injunction, restraining the Federal Authorities from deducting any cash accruing or on account of all or any of the 36 states of the federation.

The senior lawyer, who informed the court that the Federal Government had not commenced the deduction of the monies, withdrew the fourth prayer, asking for a refund of the monies deducted.

He hinted that the deduction was anticipated to start in November, 2021.

He mentioned in spite of his clients’ protest towards such motion, the defendants had vowed to go-ahead with the deduction.

He mentioned if allowed, no state would have the ability to pay staff’ salaries.

Apart from, Okutekpa argued that the states weren’t get together to any contract leading to such money owed.

“That’s the reason we ran to your courtroom,” he mentioned.