Diezani Allison-Madueke
The Federal Government on Tuesday at the Supreme Court denied operating Excess Crude Account (ECA).
It therefore challenged the 36 states challenging the legality of the alleged account to prove otherwise.
The case came up on Tuesday after several failed attempts for an out-of-court settlement between the warring parties.
Federating states are also challenging the transfer of $1 billion from the account to the Sovereign Wealth Fund (SWF).
The court, presided by the Chief Justice of Nigeria, Mahmoud Mohammed, adjourned proceedings to March 19, 2015 after the court could not locate some of the processes filed by counsel to the 36 states of the federation, Yusuf Alli.
Although Ali had urged the court for a stand down to enable him trace the process at the registrar, he was overruled by the CJN who said the court had no luxury of time to grant such a request.
Earlier, counsel from the chambers of the Attorney-General of the Federation, Mohammed Bello Adoke (SAN), Ahmed Abdulmalik informed the court that the alleged Excess Crude Account does not exist.
“The plaintiffs are deceiving themselves. They are aware that there is nothing like ECA anywhere. As soon as any money comes from the account, it is channeled into the Federation Account and shared every month among the states,” he said.
“The Federal Government is at a loss as to how the states came up with their claim. The Federal Government is interested in proceeding with this case so that the states can tell the court where the ECA is domiciled. My lords, we are ready to tackle the plaintiffs in court.”
The CJN had earlier insisted that the matter should be settled amicably out of court by both parties saying there was nothing difficult to warrant the interpretation by the Supreme Court.
“If counsels are sincere with their clients, it’s a matter that should be resolved without the court’s intervention,” Justice Mohammed stated.
In the suit, the states stated that the conduct of the government of the federation and its officials was a violation of rule of law and a breach of the independence of the judiciary and constitutes a violation of the principles of rule of law handed down by the Supreme Court in the case of Governor of Lagos v Odumegwu Ojukwu (1986) pt 1 NSCC 304 and Rotimi Chibuike Amaechi v INEC (2008) 5 NWLR (pt 1080) 277.
In addition, they described the action of the Federal Government as executive lawlessness and impunity, saying the proposed disbursement of $1 billion by the Federal Government, its Minister of Finance and other officers would create a state of fait accompli and helplessness, if not stopped immediately.
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