AG BENDEL STATE
V.
AG FEDERATION

(1983) JELR 39707 (SC)

Supreme Court 3 Jun 1983 Nigeria
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- The case involves the constitutionality of certain provisions of the Allocation of Revenue (Federation Account etc.), Act, 1981. - The court held that the establishment of funds by the National Assembly for ecological problems and mineral

Case Details

Suit Number:SC.108/1982
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A Williams,(S.A.N) (with O.N.Rewane and O.K. Aderinokun (Mrs) For Appellant F. Nwadialo, Federal Assistant Director Of Civi Litigation, For Respondent
Other Citations:(1983) All N.L.R 208

UWAIS, JSC: The National Assembly enacted the Allocation of Revenue (Federation Account etc.), Act, 1981 (No. 1 of 1982) (hereinafter referred to as "Act No. 1 of 1982") as contemplated by section 149 of the Constitution of the Federal Republic of Nigeria, 1979 (hereinafter referred to as "the Constitution"). The object of Act No. 1 of 1982 is ascertainable from its preamble, which runs as follows:

"An Act to prescribe the basis for distribution of Revenue accruing to the Federation Account between the Federal and State Governments and the Local Government councils in the States; the formula for distribution amongst the States inter se; the proportion of the total Revenue of each State to be contributed to the State Joint Local Government Account; and for other purposes connected there with."

By invoking the original jurisdiction of the Court under S. 212 of the Constitution, the Attorney General of Bendel State commenced this suit against Attorney General of the Federation by a state…

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