Justice Inyang Ekwo of a Federal High Court in Abuja on Tuesday fixed March 25 for judgment in a suit filed by the 36 state governments against the plan by the Federal Government to deduct $418 million from states’ funds to settle debts owed consultants engaged by the states and local governments in relation to the Paris Club refunds.
The judge chose the date after lawyers to parties in the suit marked FHC/ABJ/CS/1313/2021 adopted their final written addresses and made final submissions.
The plaintiffs are seeking to restrain the President, Major General Muhammadu Buhari (retd.), and others from implementing the planned deduction from states’ funds to settle the debt owed consultants engaged by states and LGs.
Lead plaintiffs’ lawyer, Sunday Ameh (SAN), in his final submission, argued that the defendants misconstrued the kernel of his clients’ suit.
Ameh faulted argument by the defendants that the suit was challenging existing judgments given by the court in favour of some of the consultants.
“We are not challenging the judgments, we are saying the way the Federal Government and its agencies are going about enforcing the judgments violates Sections 120 and 162 of the Constitution,” he explained.
Ameh said his clients were not averse to FG’s issuance of promissory notes to the consultants (also sued as defendants), but became uncomfortable when it (FG) issued a notice to commence deduction from the states’ accounts.
He added that since the Fed Government agreed that the contractors were owed in relation to the services they rendered, it should settle the indebtedness without deploying funds belonging to the states and LGs.
Defendants’ lawyers, including Wole Olanipekun (SAN), Maimuna Shiru (acting Director, Civil Litigation, Federal Ministry of Justice) and Olusola Oke (SAN), faulted the competence of the suit and urged the court to dismiss it.
Olanipekun, who represented one of the consultants, Dr. Ted Iseghohi-Edwards (14th defendant), described the plaintiffs as meddlesome interlopers, noting that the state governments claimed to be fighting for the local governments, a distinct tier of government, without the consent of the third tier of government.
He prayed the court to dismiss the suit for being time wasting and constituting an abuse of court process.
Shiru argued that not only was the suit statute barred, the plaintiffs are seeking the impossible by asking the court to sit on appeal over judgments earlier delivered by it and other courts of coordinate jurisdiction.
She is representing the President; the Attorney General of the Federation, the Accountant General of the Federation, the Ministry of Finance Incorporated and the Debt Management Office, sued as the first, second, third, fourth and sixth defendants.
Oke, who represented Riok Nigeria Limited and Nicholas Ukachukwu, argued that the suit is without merit and should be dismissed.
