State Attorneys-General Sue AGF, Malami For Alleged ‘Failure To Remit N1.8trn Recovered Funds To Federation Account’

Attorneys-general of the 36 states have sued Abubakar Malami,
attorney-general of the federation (AGF), over the alleged failure
of government to remit recovered funds into the federation
account.

Amongst the reliefs being sought in the suit marked
SC/cv/395/2021 and filed before the supreme court, the state
attorneys-general are asking to court for “a declaration that by
the provisions of Section 162(1) and Section 162(10) of the
Constitution of the federal republic of Nigeria 1999 (as amended),
all income, returns, proceeds or receipts howsoever described
derived from confiscated, forfeited and/or recovered assets
constitute revenue of the federal republic of Nigeria, which must
be remitted to federation account for the collective benefit of the
federal, state and local governments.”

They also want the court to declare that “the failure and/or
refusal of President Muhammadu Buhari, the minister of finance, the
office of the AGF, and the accountant-general of the federation,
and all other relevant authorities and/or agencies of the
federation to remit the receipts, income, returns or proceeds
derived from all assets recovered, seized, confiscated and
forfeited into the federation account to be distributed in
accordance with the provisions of the Constitution” is
unconstitutional.

The plaintiffs also want the apex court to declare that “it is
unconstitutional for the president, through the federal minister of
finance, the AGF, or any other authority whatsoever, to utilise,
apply, allocate, expend and appropriate same to itself or
distribute same in any other manner howsoever without due
allocation from the federation account”.

In the affidavits supporting the originating summons, the
plaintiffs alleged that “between 2015 till date, the FRN has
secured both international and municipal forfeiture, recovery and
repatriation of “stolen assets” in the sum of
NI,836,906,543,658.73, about 167 properties, 450 Cars, 300 Trucks
and cargoes, and 20,000,000 barrels of crude oil worth over
N450million”, but have failed to remit to the federation account as
required by the constitution.

They also submitted that the establishment of the “asset
tracing, recovery and management regulation 2019” done by the
president through the AGF, contradicts the provisions of the
constitution, and that the AGF acted beyond his constitutional
powers.

Consequently, they prayed the court for an order directing the
president, finance minister, accountant-general of the federation,
and all other relevant authorities “to give account of all the
receipts, income, returns or proceeds derived from all assets
recovered, seized, confiscated and/or forfeited to the federal
republic of Nigeria in the sum of N1,836,906,543,658.73 (cash) and
N450,000,000,000.00 (non-cash)”.

“An order directing the earlier mentioned persons to reconcile
accounts of all the receipts, income, returns or proceeds derived
from all assets recovered, seized, confiscated and forfeited to the
federal republic of Nigeria in the sum of N1,836,906,543,658.73
(Cash) and N450,000,000,000.00 (Non-cash), and remit same forthwith
into the federation account,” the document reads.

“An order directing the president, the minister of finance, the
Office of the AGF, the accountant-general of the federation and the
Revenue Mobilisation and Fiscal Commission, to determine forthwith,
the modalities for distributing the receipts from seized, forfeited
and recovered assets among the federal, state and local government
from the federation account.

“An order directing that any sum due to the federal government
from the federation account should be set off against and to the
full extent of any component of the receipts, income, return or
proceeds derived from all assets recovered, seized, confiscated,
and/or forfeited to the federal republic of Nigeria in the sum of
N1,836,906,543,658.73 (Cash) and N450,000,000,000.00 (Non-cash),
which has been utilised, applied and/or expended by the federal
government without due allocation/distribution.”

Attorneys-general of the 36 states have sued Abubakar Malami,
attorney-general of the federation (AGF), over the alleged failure
of government to remit recovered funds into the federation
account.

Amongst the reliefs being sought in the suit marked
SC/cv/395/2021 and filed before the supreme court, the state
attorneys-general are asking to court for “a declaration that by
the provisions of Section 162(1) and Section 162(10) of the
Constitution of the federal republic of Nigeria 1999 (as amended),
all income, returns, proceeds or receipts howsoever described
derived from confiscated, forfeited and/or recovered assets
constitute revenue of the federal republic of Nigeria, which must
be remitted to federation account for the collective benefit of the
federal, state and local governments.”

They also want the court to declare that “the failure and/or
refusal of President Muhammadu Buhari, the minister of finance, the
office of the AGF, and the accountant-general of the federation,
and all other relevant authorities and/or agencies of the
federation to remit the receipts, income, returns or proceeds
derived from all assets recovered, seized, confiscated and
forfeited into the federation account to be distributed in
accordance with the provisions of the Constitution” is
unconstitutional.

The plaintiffs also want the apex court to declare that “it is
unconstitutional for the president, through the federal minister of
finance, the AGF, or any other authority whatsoever, to utilise,
apply, allocate, expend and appropriate same to itself or
distribute same in any other manner howsoever without due
allocation from the federation account”.

In the affidavits supporting the originating summons, the
plaintiffs alleged that “between 2015 till date, the FRN has
secured both international and municipal forfeiture, recovery and
repatriation of “stolen assets” in the sum of
NI,836,906,543,658.73, about 167 properties, 450 Cars, 300 Trucks
and cargoes, and 20,000,000 barrels of crude oil worth over
N450million”, but have failed to remit to the federation account as
required by the constitution.

They also submitted that the establishment of the “asset
tracing, recovery and management regulation 2019” done by the
president through the AGF, contradicts the provisions of the
constitution, and that the AGF acted beyond his constitutional
powers.

Consequently, they prayed the court for an order directing the
president, finance minister, accountant-general of the federation,
and all other relevant authorities “to give account of all the
receipts, income, returns or proceeds derived from all assets
recovered, seized, confiscated and/or forfeited to the federal
republic of Nigeria in the sum of N1,836,906,543,658.73 (cash) and
N450,000,000,000.00 (non-cash)”.

“An order directing the earlier mentioned persons to reconcile
accounts of all the receipts, income, returns or proceeds derived
from all assets recovered, seized, confiscated and forfeited to the
federal republic of Nigeria in the sum of N1,836,906,543,658.73
(Cash) and N450,000,000,000.00 (Non-cash), and remit same forthwith
into the federation account,” the document reads.

“An order directing the president, the minister of finance, the
Office of the AGF, the accountant-general of the federation and the
Revenue Mobilisation and Fiscal Commission, to determine forthwith,
the modalities for distributing the receipts from seized, forfeited
and recovered assets among the federal, state and local government
from the federation account.

“An order directing that any sum due to the federal government
from the federation account should be set off against and to the
full extent of any component of the receipts, income, return or
proceeds derived from all assets recovered, seized, confiscated,
and/or forfeited to the federal republic of Nigeria in the sum of
N1,836,906,543,658.73 (Cash) and N450,000,000,000.00 (Non-cash),
which has been utilised, applied and/or expended by the federal
government without due allocation/distribution.”