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CENTRE FOR SOCIAL JUSTICE COMMENCES CONTEMPT AND COMMITTAL PROCEEDINGS AGAINST THE ATTORNEY GENERAL OF THE FEDERATION

  • Posted by: Center for Social Justice

May 27, 2019

Press Release

CENTRE FOR SOCIAL JUSTICE COMMENCES CONTEMPT AND COMMITAL PROCEEDINGS AGAINST THE ATTORNEY GENERAL OF THE FEDERATION

Centre for Social Justice Limited by Guarantee (CSJ) had in Suit No. FHC/ABJ/CS/302/2013 between CSJ v The President of the Federal Republic of Nigeria & 4 Ors (notably the Senate of the Federal Republic of Nigeria, the House of Representatives of the Federal Republic of Nigeria, the Minister of Finance and the Hon. Attorney General of the Federation) sought the following reliefs:

  • A Declaration that the continued failure, refusal and neglect of the Respondents to set the overall limits for the amounts of the consolidated debts of the Federal, State and Local government in Nigeria is a violation of section 5(1) (b) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) as well as section 42 (1) of the Fiscal Responsibility Act 2007 (FRA).
  • An order directing the Respondents to ensure that the overall limits of the amount of consolidated debts of the Federal, State and Local Governments in Nigeria is set, approved and enforced in line with section 42 (1) of the FRA.

The Federal High Court, per G.O Kolawole J (as he then was) granted the Plaintiff’s prayers and held that the provision of section 42 (1) of the FRA is mandatory and accordingly gave the 1st and 4th Respondents 90 days from February 20, 2018 to comply with and execute the provisions of section 42 (1) of the FRA.

It has been over one year since the judgement and all reminders sent to the Honourable Attorney General and Minister of Justice have been rebuffed. The Plaintiff has processed Form 48, being Notice of Consequences of Disobedience to Order Court and Form 49, being the Notice to Show Cause why Order of Committal Should not be Made. The said application is now set for hearing on June 6, 2019 before Justice Inyang Ekwo at the Federal High Court No. 6 in Abuja.

 

Eze Onyekpere

Lead Director

Author: Center for Social Justice

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