Agbakoba, also asks court to restrain Minister, others from allocating revenue pending determination of suit

In another application before the court, the Former President of the Nigerian bar Association, Olisa Agbakoba, SAN has also asked the court to restrain the Minister for Finance, the Accountant General of the Federation and the Federation Accounts Allocation Committee from allocating revenue to Caretaker and Interim Committees, pending the determination of an earlier suit challenging the allocation of public revenue to unelected local government councils

The Application for Interlocutory Injunction seeks to restrain the Minister for Finance, from allocating Public Revenue from the Federation Account, to States that have not conducted Local Government Elections, pending the determination of the Case he filed at the Federal High Court to challenge allocation of public revenue to the concerned States and Local Governments. The Application for Injunction was filed on March 27, 2014.

It will be recalled that Dr. Agbakoba, in Suit FHC/L/770/2013, before Honourable Justice C. J. Aneke, approached the Federal High Court, Lagos to declare that the states that have failed to conduct Local Government Elections, which he submitted is the equivalent of a civil coup d’état, are not entitled to receive Public Revenue from the Federation Account.

Dr. Agbakoba explained that the basis of the Suit is that the Constitution guarantees a system of Local Government by democratically elected Government Councils.

The Suit came up in Court on March 26, 2014. Court granted the Plaintiff’s Application to amend the Originating Summons to remove the names of States that have conducted Local Government Elections from the List of Defaulting States, which is annexed to the Originating Summons.

While the Minister for Finance and the Federation Accounts Allocation Committee have entered appearance and are being represented in Court by Counsel, the Accountant General of the Federation is yet to enter appearance. There is however proof of service of the Originating Summons on all the Defendants.

The Suit has been further adjourned to May 12, 2014. This is to allow the Plaintiff file and serve the Amended Originating Summons on the Defendants, in Abuja.