A Federal High Court sitting in Abuja has declared that the deductions made by the Federal Government from the Federation Account for the funding of the Nigeria Police Trust Fund scheme is unconstitutional and unlawful.
Delivering judgment, Justice Ahmed Mohammed made the pronouncement in a suit filed by the Rivers State Government against the Attorney General of Federation and Minister of Justice.
Others are the Accountant General of the Federation; the Revenue Mobilisation, Allocation and Fiscal Commission,
and Federal Ministry of Finance.
The Rivers State Government through it’s Attorney General had approached the court wherein it sought an order to stop the deduction of funds from the Federation Account for the funding of the Nigeria Police Trust Fund scheme.
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The Governor, Nyesom Wike-led Rivers State Government had contended that it was not the responsibility of the State governments but that of the Federal Government to fund the Police.
Justice Mohammed agreed with the Rivers State Government that by virtue of Section 162 (3) of the Nigerian Constitution, funds standing to the credit of the Federation Account can only be distributed among the Federal Government, State Governments and Local Government Councils in each State of Nigeria and not directly to any agency of the Federal Government including the Nigeria Police Force.
The judge specifically held that Section 162 of the 1999 constitution is clear and unambiguous to the effect that only the federal, states and local governments shall be allocated funds directly from the Federation Account.
The court explained that Section 4 of the Nigeria Police Trust Fund Act 2019 relied upon by the government to justify the unlawful deductions from the Federation Account is inconsistent with Section 162 of the 1999 constitution which recognizes only the federal, states and LGs.
