A member of the House of Representatives, Mr. Igariwey Iduma-
Enwo, on Wednesday approached an Abuja Federal High Court to
challenge the decision of President Muhammadu Buhari, to rescue
states in the country from their financial mess with a bailout of
N713.7bn.
Many states were already owing backlog of unpaid salaries by May
29 when Buhari assumed office as President.
They later turned to the Federal Government, cap in hand, seeking
for rescue, a development that informed the President’s action.
But, in suit number FHC/Abj/CS102215, which the Peoples
Democratic Party lawmaker from Ebonyi State filed on Wednesday,
he sought to know whether Buhari had such powers under the 1999
Constitution to give the bailout without the approval of the National
Assembly.
Listed as defendants in the suit were the President; Attorney-
General of the Federation; Federal Ministry of Finance; Accountant-
General of the Federation; Auditor-General of the Federation; and
the Revenue Mobilisation Allocation and Fiscal Commission.
Among the questions Iduma-Enwo, who represents Afikpo-North/
South Federal Constituency, wants the court to determine, was
whether Buhari, could by Presidential “fiat”, direct that public money
from the pool account of the federal government be disbursed to
states and local governments without recourse to the National
Assembly, “the authority vested with the power of appropriation in
this case.”
Part of the originating summons read, “Whether having regards to
the combined effect of Sections 192, 163, 164 and 168 of the 1999
Constitution (as amended), which prescribes the way and manner
public revenue shall be distributed from the distribution pool
account, the 1st Defendant (Buhari) can by itself or by way of fiat,
issue lawful directives to the 3rd-6th defendants to appropriate,
distribute, allocate and disburse public revenue from the
distributable pool account to the federal, state and local government
without the prescription of the National Assembly. “
Accordingly, the plaintiff prayed the court to declare the action of
the President and his co-defendants “unconstitutional, illegal,
unlawful, null and void.”
He also sought an order of “perpetual injunction” restraining the
defendants from giving out funds to the states and local
governments without the prescription of the National Assembly.
No date has been fixed for the hearing of the suit.
Speaking with journalists at the National Assembly soon after filing
the suit, Iduma-Enwo defended his decision to challenge Buhari on
the grounds of acting alone without regard for the principle of
separation of powers.
He noted that much as he felt for the states, especially now that
many civil servants could not fend for their families due to lack of
salaries, Iduma-Enwo argued that the President must still follow the
“due process of law.”
“Let him show us where it is stated in the constitution that the
President can unilaterally give money without the approval of the
National Assembly.
“It then means that one day they can sit at Aso Rock and pass the
national budget.
“Why do we have the National Assembly if matters like this can be
handled by fiat without letting the National Assembly know about it
or play its role as the appropriating authority?,”he added.

http://www.punchng.com/news/pdp-rep-sues-fg-over-bailout-to-states/


cc: lalasticlala

Update Me later

FTC........















Space booked

abeg make una help me ask Oga Seun which calendar him been use open Nairaland...
I've been here since 2013 but "time spent online" is roughly 19 days...even ishilove (one of the cabal) who registered since 2010 is still struggling with 6 months



@topic
make una free the old man na, he collected those states(APC) money to finance his campaign so he's paying them back...remember he said he had "only 1m in his account" plus 150 bridal/sexy cow!

Ok ooo

Enemy of progress.
So it bad for the FG to bail out the states under him so that the workers will die of hunger.
God will punish anybody at the top that doesn't have the love of the poor in mind

[quote author=tunexkiboy post=35901407]FTC..

keep deceiving urself

The old dullard has been running a dictatorship since assuming office.

Now he feels he can allocate biafran money in any manner to who ever pleases his fantasies.

They should also ask the illiterate, where he got the 21 million dollars he sent to his boko haram brothers.

They should allow this man rule na kilode, they've been there 4 years. It's turn by turn abeg

gabazin080:
Enemy of progress.
So it bad for the FG to bail out the states under him so that the workers will die of hunger.
God will punish anybody at the top that doesn't have the love of the poor in mind

So it right to violate due process in the name of bailout. Then, let him divide Nigeria because people are dieing in Bornu and some people want Biafra. Nonsense talk.

legally so on point

gabazin080:
Enemy of progress.
So it bad for the FG to bail out the states under him so that the workers will die of hunger.
God will punish anybody at the top that doesn't have the love of the poor in mind

read the article again and stop been a nuisance to sensibility

Xetima:


So it right to violate due process in the name of bailout. Then, let him divide Nigeria because people are dieing in Bornu and some people want Biafra. Nonsense talk.

I wish you are one of those civil servants that have not been paid at all this year. I know you won't be talking of due process here.
hater of the poor

brooklyn49:
abeg make una help me ask Oga Seun which calendar him been use open Nairaland...
I've been here since 2013 but "time spent online" is still showing 19 days...even ishilove (one of the cabal) who registered since 2010 is still struggling with 6 months



@topic
make una free the old man na, he collected those states(APC) money to finance his campaign so he's paying them back...remember he said he had "only 1m in his account" plus 150 bridal cow!

Been here since 2006. Less than 2 hours.

Beauty of Democracy!
Meanwhile i just registered newly, though i have been a guess since 2011

aguiyi:


read the article again and stop been a nuisance to sensibility

maybe you need to explain to me what I don't get because I read before making comment. I wish you are one of those civil servants that have not received any salary this year, maybe you won't be spiting out SH1T from your mind if you know how many families got relieved because of that bailout fund

[quote author=brooklyn49 post=35901522][/quote]. D tin pain me

Beanscake:
Been here since 2006. Less than 2 hours.

Abasi di o!!!! ur own case need deliverance...from Niaraland prayer warriors!!!

TANoids na wah o, you bail dem swear for you, you no bail dem go curse you. Is it only APC states that were bailed out?

I been tell Buhari say Nigeria of today no be the same one him been rule for '80s.

Now casala don't burse be that.

gabazin080:
maybe you need to explain to me what I don't get because I read before making comment. I wish you are one of those civil servants that have not received any salary this year, maybe you won't be spiting out SH1T from your mind if you know how many families got relieved because of that bailout fund

What do you call bailout.

Buhari is not serious about his anti-corruption crusade or else he ought to have dig in a little to know why before the so called bailout.

The Federal Government needs the approval of the National Assembly to spend money that belongs to the Federal Government. The state governments need the approval of the state assemblies to spend money that belongs to the states.

The money that Buhari shared does not belong solely to the Federal Government. Money in the Federation Account belongs to the Federal Government, the state governments and the local governments. The constitution states that the money must be shared between the three tiers of government and it states how this is to be done. That's why this is not technically a bailout, because the state governments are getting money that belongs to them.

National Assembly approval is only required if the Federal Government wants to spend its own share of the money. State assembly approval is only required if the state wants to spend its own share of the money. All that's required of the National Assembly is that they should approve a revenue sharing formula and this has been done since Obasanjo's tenure.


Every month the Minister of Finance meets with state commissioners of finance and the Revenue Mobilisation, Allocation and Fiscal Commission (RMAFC) to share money in the Federation Account (Federation Account Allocation Committee [FAAC]) This does not require National Assembly approval. The FAAC has already met and approved the sharing of the funds.

Also note that the Excess Crude Account is an unconstitutional account. The funds in the Excess Crude Account should have been paid into the Federation Account.

C - Public Revenue

162. (1) The Federation shall maintain a special account to be called "the Federation Account" into which shall be paid all revenues collected by the Government of the Federation, except the proceeds from the personal income tax of the personnel of the armed forces of the Federation, the Nigeria Police Force, the Ministry or department of government charged with responsibility for Foreign Affairs and the residents of the Federal Capital Territory, Abuja.

(2) The President, upon the receipt of advice from the Revenue Mobilisation Allocation and Fiscal Commission, shall table before the National Assembly proposals for revenue allocation from the Federation Account, and in determining the formula, the National Assembly shall take into account, the allocation principles especially those of population, equality of States, internal revenue generation, land mass, terrain as well as population density;

Provided that the principle of derivation shall be constantly reflected in any approved formula as being not less than thirteen per cent of the revenue accruing to the Federation Account directly from any natural resources.

(3) Any amount standing to the credit of the Federation Account shall be distributed among the Federal and State Governments and the Local Government Councils in each State on such terms and in such manner as may be prescribed by the National Assembly.

(4) Any amount standing to the credit of the States in the Federation Account shall be distributed among the States on such terms and in such manner as may be prescribed by the National Assembly.

(5) The amount standing to the credit of Local Government Councils in the Federation Account shall also be allocated to the State for the benefit of their Local Government Councils on such terms and in such manner as may be prescribed by the National Assembly.

(6) Each State shall maintain a special account to be called "State Joint Local Government Account" into which shall be paid all allocations to the Local Government Councils of the State from the Federation Account and from the Government of the State.

(7) Each State shall pay to Local Government Councils in its area of jurisdiction such proportion of its total revenue on such terms and in such manner as may be prescribed by the National Assembly.

(8 ) The amount standing to the credit of Local Government Councils of a State shall be distributed among the Local Government Councils of that State on such terms and in such manner as may be prescribed by the House of Assembly of the State.

(9) Any amount standing to the credit of the judiciary in the Federation Account shall be paid directly to the National Judicial Councils for disbursement to the heads of courts established for the Federation and the States under section 6 of this Constitution.

(10) For the purpose of subsection (1) of this section, "revenue" means any income or return accruing to or derived by the Government of the Federation from any source and includes -

(a) any receipt, however described, arising from the operation of any law;

(b) any return, however described, arising from or in respect of any property held by the Government of the Federation;

(c) any return by way of interest on loans and dividends in respect of shares or interest held by the Government of the Federation in any company or statutory body.

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm

Note: the $2.1 billion LNG fund is from the Federation Account.


http://sunnewsonline.com/new/presidential-bailout-for-states/

Gradually, Naptu2 is breaking his own promise of not commenting on political issues

#Thankful

brooklyn49:
abeg make una help me ask Oga Seun which calendar him been use open Nairaland...
I've been here since 2013 but "time spent online" is roughly 19 days...even ishilove (one of the cabal) who registered since 2010 is still struggling with 6 months



@topic
make una free the old man na, he collected those states(APC) money to finance his campaign so he's paying them back...remember he said he had "only 1m in his account" plus 150 bridal/sexy cow!

Beanscake:

Been here since 2006. Less than 2 hours.

It only counts the time you've spent logged in and viewing Nairaland pages. It doesn't take into account the time you've spent off nairaland.

Mynd44:
Gradually, Naptu2 is breaking his own promise of not commenting on political issues

#Thankful

naptu2:




It only counts the time you've spent logged in and viewing Nairaland pages. It doesn't take into account the time you've spent off nairaland.

oga I've been online..active!

gabazin080:
Enemy of progress.
So it bad for the FG to bail out the states under him so that the workers will die of hunger.
God will punish anybody at the top that doesn't have the love of the poor in mind

den he should do it constitutionally

Enemies of progress do not want Buhari to bring change to Nigerians.

Another silly Igbo rep!

O

Yeske2:
TANoids na wah o, you bail dem swear for you, you no bail dem go curse you.
Is it only APC states that were bailed out?

Its not abt bailing, its abt probing those idiots wht they all did with fed allocation accrued to them.
If they justify their spending then u bailout no qualms.

otokx:
Enemies of progress do not want Buhari to bring change to Nigerians.

Light dey uniport?