ATTORNEY GENERAL BAUCHI STATE V ATTORNEY GENERAL FEDERATION

Issue:

In this suit, the plaintiff by its Statement of Claim filed on 25/10/ 2010 invoked the original jurisdiction of this court to grant various declaratory reliefs in its favour compelling the Federal Government to pay into the Federation Account certain specified sums, which allegedly accrues to it during the period between January, 2004 and December, 2007 from the following sources: (a) Signature bonuses paid by bidders for oil blocks, applicants for oil prospecting licences and oil mining leases; (b) Dividends from the Nigerian Liquefied Natural Gas Company (NLNG); (c) Proceeds of Sale of Government Property; (d) Proceeds from the Privatisation of Public Enterprises; (e) Proceeds from Education tax accruing from tax levied pursuant to the Education Tax Act Cap. E4, Laws of the Federation of Nigeria, 2004; and (f) Other dividends and internally, generated revenue of Federal Ministries, Parastatals and Agencies. It is the plaintiff's case that by the mandatory provisions of Section 162 (1) and (10) of the 1999 Constitution (as amended), the claimed sums are proceeds of income or returns derive Government from certain Federal Government Agencies such as the Federal Inland Revenue, Nigerian Customs Service (NCS); Nigerian National Petroleum Corporation (NNPC), Bureau of Public Enterprises (BPE), Nigerian Liquefied Gas Company and several others, which ought to go to Federation Account and thereafter to States of the Federation, including Bauchi State and to the Local Governments, including the 20 Local Governments in Bauchi State. It is the plaintiffs contention that the revenue, which ought to have accrued to Federation Account, has been diverted to other accounts. The defendant has filed a preliminary objection challenging the competence of the suit.