James Emejo in Abuja
The Revenue Mobilisation Allocation and Fiscal Commission (RMAFC) has declined the request recently made by the Minister of Police Affairs, Mr. Muhammad Maigari Dingyadi to make deductions from the Federation Account for funding of the Nigerian Police Trust Fund.
Citing a constitutional breach in such request, the Chairman, RMAFC, Mr. Elias Mbam said in a statement that “sources of the trust fund, which shall consist of the amount consisting 0.5 per cent of the total revenue accruing to the federation account is inconsistent with the provision of S.162(3) of the 1999 constitution as amended.”
“The S.4 (1) (a) of the Nigerian Police Trust Fund (Establishment) Act 2019 is inconsistent with the provision of the constitution cited above.
“Any law that is inconsistent with the provisions of the constitution of the Federal Republic of Nigeria, that law shall be null and void to the extent of its inconsistency.
“The Supreme Court had laid to rest the proper mode of distribution of funds according to Federation Account in Accountant General (AG) of the Federation Vs A- G of Abia State (NO. 2)(2002)6 NWLR, Pt. 764. 542, when it declared as unconstitutional, null and void the following:
“The funding of the judiciary as a first line charge on the Federation Account; servicing of external debt as a first line charge on the Federation Account; funding of joint venture contracts and NNPC priority project as a first line charge on the Federation Account; unilateral allocation of one per cent of revenue in the Federation Account to the Federal Capital Territory (FCT); that the only beneficiaries to the Federation Account are the federal government, state governments and local government councils in each state as provided in S. 162(3) of the constitution of the Federal Republic of Nigeria.”
Mbam said in view of the above, RMAFC objected to the request made by the Minister of Police Affairs for the funding of the Nigerian Police Trust Fund as requested via the 0.5 per cent of the total revenue accruing to the federation account.