Lawyer Asks Court to Stop Abia State’s Monthly Revenue Allocation

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By Alex Enumah in Abuja

An Abuja-based legal practitioner has asked the Federal High Court to stop the release of the monthly revenue allocation accruable to Abia State from the federation account pending the resolution of the governorship crisis in the state.

In a suit marked FHC/ABJ/CS/483/2016, the plaintiff listed the Minister of Finance, Accountant –General of the Federation, Revenue Mobilization Allocation and Fiscal Commission and the Attorney-General of the Federation as the defendants.

The plaintiff, Darlington Ozurumba, raised four questions for the determination by the court as follows: whether by the combined provisions of section 176 and 162 (3 and 4) of the 1999 constitution as amended or any other enabling statute, the defendants can validly release the monthly revenue allocations accruing to Abia State or any other state from the federation accounts where there is no lawful or recognized governor in law as Chief Executive of the state.

Whether in the absence of a valid or legally recognized governor in Abia State, monthly revenue allocation accruing to Abia State from the federation accounts can be taken, received or released to Abia State government.

Whether that by the community reading of section 176 and 162 (6) of the 1999 constitution as amended or any other enabling statute, the state joint local government account into which all allocations to local government councils in Abia State from the federation accounts can be validly operated in the absence of a constitutionally recognized governor or chief executive in Abia State.

Whether by the judgment of the Federal High Court in suit number FHC/ABJ/CS/71/2016 delivered on the 27th day of June 2016 and the subsequent issuance of certificate of return to Dr. Uchecukwu Samson Ogah by the Independent National Electoral Commission (INEC), further allocations to Abia State from the federation accounts ought not to be stayed pending the determination of who is a recognized and lawful governor of Abia Sate.

Further details later