The Supreme Court Thursday delayed its decision in a case brought by 36 governors seeking an order compelling the federal government to pay capital projects in state high courts, the Sharia Court of Appeal, and the Customary Court of Appeal.
The plaintiffs also asked for an injunction requiring the central government to reimburse them for N66 billion spent on capital expenditures in the three courts.
The seven-man panel, led by Justice Muhammad Dattijo, was told that the three courts belong to the federation and, as such, the funding of their capital projects should flow from the Consolidated Revenue Fund.
Chief Augustine Alegeh (SAN), counsel to the governors, argued that because the salaries and emoluments of the judges of the three courts are paid by the Federal Government in accordance with Section 81 of the 1999 Constitution (as amended), the section should be invoked to put the burden of funding their capital projects on the defendant.
The Attorney General of the Federation (AGF), Abubakar Malami, was opposed to the request, and was represented by Tijani Gazali (SAN), who urged the apex court to dismiss it.
While the topic of salary and other rights is specifically specified in the Constitution, Malami based his claim on the grounds that
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