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AG BENDEL STATE
V.
AG FEDERATION

(1983) JELR 39707 (SC)    

Supreme Court  ·  SC.108/1982 ·  3 Jun 1983 ·  Nigeria
 · 
Other Citations
(1983) All N.L.R 208
CORAM
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

Ratio Decidendi

Core Terms Beta
state governments
federation account
constitution of the federal republic of nigeria
national assembly
local government councils
allocation of revenue
act make provisions
local government account
statement of claim
attorney general of bendel state
federal government
proportion of the total revenue of each state
such directions
s.149 sub-section
nigerian national petroleum corporation
act no.
attorney general of the federation
sub-section
house of assembly of the state
power of the national assembly
state joint
section
government of bendel state
amelioration of ecological problems
distribution of revenue
said act
view of the nature of the claim
item a
part of nigeria
following averments
provisions of any law
concurrent legislative list
object of act no.
states of the federation
correct statement of all moneys
per cent
portions of sections
mr. f. g. omoarukhe
states
development of mineral
s.2 sub-sections
such officer
central bank of nigeria
revenue allocation act
federation account allocation committee
sections
plaintiff
lead judgment
original jurisdiction of the court

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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