A Federal High Court in Abuja has stopped the federal government from making further deductions from the federation account to fund its agencies not listed in the 1999 constitution for direct allocation.
The court on Wednesday declared that the direct allocations made by the federal government from the federation account to fund the Nigeria Police Trust fund is illegal, unlawful and unconstitutional.
Justice Ahmed Ramat Mohammed held that section 161 and section 162 of the 1999 constitution were glaringly breached by the federal government in making direct allocations to the police trust fund from the federation account.
She explained that section 162 is clear and unambiguous to the effect that only the federal government, state governments and local governments shall be allocated funds directly from the federation account.
The court also held that Section 4 of the Nigeria Police Trust fund act 2019 relied upon by the federal government to justify the unlawful deductions from the federation account is inconsistent with section 162 of the 1999 constitution, which recognizes only the federal state and local governments.
While upholding the suit of Rivers state, Justice Mohammed ordered that the fund belonging to the state but used to fund Nigeria Police trust fund by the federal government must be refunded to the state.
The Judge declined to extend similar order of refund to the 35 remaining states on the ground that they were not parties in the suit and that the River state as the plaintiff in this matter did not file it on behalf of others.
Justice Mohammed also agreed that the federal government was completely wrong in the interpretation given to section 4 of the Nigeria Police Trust Fund act to the effect that the federal government established the Nigerian Police, and as such, the funding is solely on the federal government.
Rivers State, in a suit, marked FHC/ABJ/CS/511/2020 and instituted on its behalf by former president of the Nigerian Bar Association Joseph Daudu challenged the decision of the federal government allocations funds directly from the federation account to fund some of its agencies claiming that the decision violates section 162 of the 1999 constitution.