Supreme Court Rejects Suit Seeking To Compel FG To Account For Gas Earnings

In a unanimous judgment, a seven-member panel of the court, presided over by Justice Uwani Abba-Aji held that the court lacked the original jurisdiction to hear and determine the suit, which has the Attorney General of the Federation (AGF) as the sole defendant.

In the lead judgment, Justice Mohammed Lawal Garba upheld the preliminary objection raised against the suit by the AGF and held that the subject of the case had been dealt with by the Supreme Court in its earlier decision in the case of the Attorney General of Bauchi State against the AGF.

Justice Garba agreed with the defendant that the suit amounted to an attempt to re-litigate issues already decided by the Supreme Court in the AG, Bauchi v. AGF case, which relates to the revenues accruable to the government of the federation, which are payable into the federation account.

He held that the Supreme Court lacked the original jurisdiction to preside over and determine the case.

The judge proceeded to strike out the suit for want of jurisdiction to hear the case as presently constituted.

Other members of the panel – Justices Abba-Aji, Emmanuel Agim, Simon Tsammani, Stephen Adah and Jamilu Tukur agreed with the lead judgment.

The states had prayed the court for the following reliefs:

*An order directing the Federal Government of Nigeria to render an accurate and true account of the total income/profit/dividend, etc, earned by it from Nigeria’s participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, held in the name of Nigerian National Petroleum Corporation since 9th October 1999, when the first cargo of liquefied natural gas left the shores of Nigeria till date; and to pay same into the federation account for the purpose of appropriation and redistribution to the 36 states of the Federation and the Federal Capital Territory in the manner prescribed in Section 1 of the Allocation of Revenue (Federation Accounts, Etc.) Act CAP A15 LFN 2004.

* An order directing the Federal Government of Nigeria to immediately pay the sum of $17billion or any other sum paid as a dividend up to the 17th May 2020 and thereafter, as accruing income/profit/dividend etc. earned or to be earned by it from Nigeria’s participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, held in the name of Nigerian National Petroleum Corporation, into the federation account immediately upon receipt, for the purpose of appropriation and redistribution in the manner prescribed in Section 1 of the Allocation of Revenue (Federation Accounts, Etc.) Act CAP A15 LFN 2004.

*An order directing the Federal Government of Nigeria to henceforth render accurate and true account of every income/profit/dividend etc, earned or to be earned by it from Nigeria’s participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids, and every other business carried an by the Nigeria NLG Limited, for which it is entitled to earn income/profit/dividend etc, through its shareholding in the Nigeria LNG Limited, held in the name of Nigerian National Petroleum Corporation.

*A declaration that by virtue of Section 44(3) of the Constitution of the Federal Republic of Nigeria, 1999 [as amended) and Section 1 of the Petroleum Act, CAP P10, LEN 2004, read in concert with Section 2 (1) of the 1999 Constitution of the Federal Republic of Nigeria, 1999 (as amended), liquefied natural gas and natural gas liquids are petroleum and natural gas, whose entire ownership and control are vested in the government of the Federation, also referred to as the State under Section 1 of the Petroleum Act; such that the entre federation including the 36 states and the Federal Capital Territory are entitled to the benefits therefrom.

*A declaration that the entire shareholding of the NNPC in the Nigerian LNG Limited, acquired pursuant to its powers under Section 6(1) (b) & (c) of the Nigerian National Petroleum Corporation Act, CAP N123 LFN 2004, is owned by the Government of the Federation also referred to as the State under Section 1 of the Petroleum Act, CAP P10, LFN 2004, i.e. the Federal Government of Nigeria, Including the 36 states and the Federal Capital Territory.

*A declaration that the Federal Government of Nigeria’s participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids etc. through its shareholding in the Nigeria LNG Limited, held in the name of Nigerian National Petroleum Corporation, is carried on in trust for the benefit of the entire Federation, including the 36 states and the Federal Capital Territory.

*A declaration that the Federal Government of Nigeria, as trustee of every income/profit/dividend etc, accruable to the Federal Government of Nigeria from its participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, in the name of Nigerian National Petroleum Corporation, is accountable to the 36 states and the Federal Capital Territory, for the total income/profit/dividend accruable to the Federal Government of Nigeria since 9th October 1999, when the first cargo of liquefied natural gas left the shores of Nigeria till date.

*A declaration that the income profit/dividend etc, accruable to the Federal Government of Nigeria from its participation in the business of Liquefying and sailing of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, in the name of Nigerian National Petroleum Corporation and carried on in trust for the benefit of the federation, Is “public money” in the light of Section 2 of the Finance Control and Management) Act, CAP F 26, LEN 2004, which by Section 80 of the 1999 Constitution of the Federal Republic of Nigeria, (as amended) is mandatorily required to be paid into a consolidated revenue fund of the Federation, for appropriation and redistribution in accordance with the Constitution of the Federal Republic of N gena 1959 (as amended).

*A declaration that the Federal Government of Nigeria is obligated to render an accurate and true account of every income/profit/dividend etc. gamed by it from Nigeria’s participation in the business of liquefying and selling of liquefied natural gas, natural gas liquids etc, through its shareholding in the Nigeria LNG Limited, held in the name of Nigerian National Petroleum Corporation since 9th October 1999, when the first cargo of liquefied natural gas left the shores of Nigeria till date; and to pay same into the federation account, for the purpose of appropriation and redistribution to the 36 states of the Federation and the Federal Capital Territory, in the manner prescribed in Section 1 of the Allocation of Revenue (Federation Accounts, Etc.) Act CAP A15 LFN 2004.