. Court Stops Deductions, Says Its Unconstitutional, Unlawful

ABUJA – Justice Ahmed Mohammed of the Federal High Court, on Wednesday declared as unconstitutional and unlawful, deductions made by the Federal Government from the Federation Account for the funding of the Nigeria Police Trust Fund scheme.

Justice Mohammed made the pronouncement in a judgement on a suit filed by the Rivers State Government against the Attorney General of Federation and Minister of Justice; the Accountant General of the Federation; the Revenue Mobilisation, Allocation and Fiscal Commission and Federal Ministry of Finance, 1st, 2nd, 3rd and 4th respondents respectively in the case.

Specifically, the Rivers State Government through it’s Attorney General had approached the court wherein it sought an order stopping the deduction of funds from the Federation Account for the funding of the Nigeria Police Trust Fund scheme.

By an originating summon marked FHC/ABJ/CS/511/2020, dated and filed on May 20, 2020, Rivers State government had challenged the constitutionality and validity of section 4(1)(a) and section 4(1)(b) of the Nigeria Police Trust Fund (Establishment) Act 2019, which permit the deduction of 0.5 percent of the total revenue accruing to the Federation Account and be paid to the Nigeria Police Trust Fund.

The Governor, Nyesom Wike-led Rivers State Government had contended that it was not the responsibility of the State governments but that of the Federal Government to fund the Police.

Delivering judgment, Justice Mohammed agreed with the Rivers State Government that by virtue of Section 162 (3) of the Nigerian Constitution, funds standing to the credit of the Federation Account “can only be distributed among the Federal Government, State Governments and Local Government Councils in each State of Nigeria and not directly to any agency of the Federal Government including the Nigeria Police Force.”

Consequently, the court declared the section of the law “permitting the direct deduction of any sum or percentage of revenue accruing to the Federation Account or which ought to have been paid into the Federation Account for the purpose of providing funds for the Nigeria Police Trust Fund” as “unconstitutional, null and void.”

The court granted prayers 1, 2, 3, 4, 5, and 7 of the plaintiff, while reliefs 6 and 8, which sought for refunds of the deduction, were granted only to Rivers State Government.

The Court said it’s only Rivers State that will benefit from the deduction and not the 35 States.
“Court is not a Father Christmas that grants what was not sought for.

Earlier, Justice Mohammed had dismissed the preliminary objection to the suit, by insisting that the Federal High Court and not Supreme Court has jurisdiction to hear the suit.

The court said it was clear that contrary to the argument of the defendant, the suit was between Rivers State Government against the Federal Government and it’s agencies.