Accounts

• Pages: 12-14

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(2)ACCOUNTS.

(1)CLAIM FOR ACCOUNT.

Principles governing claim for an account.

“I agree with the Court below that the date the account was to commence is embodied in relief (1)

sought by the plaintiffs at the trial and in the evidence of PW1 and that was on 27th day of March,

1952. The trial Court, however, made the effective date to be 2nd May, 1959. The plaintiffs have

not complained. I do not see any substance in the complaint of the defendants on this issue.” – Per

Ogundare, J.S.C., in Iso v. Eno Suit No. S.C. 170/1999; (2003) 12 N.W.L.R. (Pt. 835) 585 at 595.

(2)FEDERATION ACCOUNT.

Position of Federal Government as trustee in respect of monies paid to the Federation

Account.

“With respect to the prayer for an order of account, it is conceded that by virtue of section 162(1)

of the Constitution of the Federal Republic of Nigeria, 1999, that the Federal Government holds

the position of a trustee in respect of all monies paid into the Federation Account on behalf of the

states from which the revenue w as generated. As was decided by this Court in the case o fAttorney-

General, Bendel Statev.Attorney-General of the Federation and Ors.(1983) 1 S.C.N.L.R. 239,

(1983) N.S.C.C. Vol. 14, 181 at p. 193 this Court, perUwais, J.S.C. as he then was, while

interpreting section 149(1) of the 1979 Constitution, which isinpari materiawith section 162(1)

of the 1999 Constitution observed thus: - “It is settled that it is the duty of a trustee to keep a proper

account of the trust he administers. And the beneficiary has a right to call upon the trustee for

accurate information as to the state of the trust. Consequently, it is imperative for the Federal

Government to render accurate and regular account to the beneficiaries of all monies paid into the

Federation Account when requested to do so.” See also, the case, ofAttorney-General of the

Federation v.Attorney-General, Abia State and Others (No.2)(2002) 6 N.W.L.R. (Pt. 764) 542.

In the instant case, however, plaintiff's claim for an account in paragraphs 40(2)(a), and (c) is on

the allegation that the Federal Government neglected, omitted or willfully defaulted in furnishing

such account to the plaintiff. There is no evidence placed before this Court to substantiate the

allegation.” – PerEdozie, J.S.C., in A.-G., Cross River State v. A.-G., Fed. Suit No. S.C. 124/1999;

(2005) 15 N.W.L.R. (Pt. 947) 71 at 111-112.

Statutory provision as regards the maintaining of a federation account by the Federal

Government.

“The extant Section 162 (1) of the 1999 Constitution, as amended, provides: 162: Distributable

Pool Account 1. The Federation shall maintain a special account to be called “the Federation

Account” into which shall be paid all revenues collected by the Government of the Federation,

except the proceeds from the personal income tax of the personnel of the armed forces of the

Federation, Nigeria Police Force, the Ministry or department of Government charged with

responsibility for Foreign Affairs and the residents of the Federal Capital Territory, Abuja.” - Per

Saulawa, J.S.C., in Petroleum (Special) Trust Fund v. Fidelity Bank & OrsSuit No. S.C.196/2009;

(2022) 15 E-W.R.N. at 78.

Whether Local Government Council allocations from the Federation account can be paid

directly to the Local Government Councils. “I think that the approach of a direct payment to the

Local Government Councils would achieve the intention and purpose of the constitution and