In a unanimous judgment, a seven-member panel of the court, presided over by Justice Uwani Abba-Aji ruled that the court does not have the original jurisdiction to hear and determine the suit, which has the Attorney General of the Federation, AGF, as the sole defendant.
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.
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