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Ghani vs FRN

Ghani VS FRN

Ghani VS FRN

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the originating summons pages 5-6 of the record of<br />

appeal that the 3rd respondent earns a basic salary<br />

of 247,000.00 Dollars per annum which in Nigeria<br />

currency and at today's exchange rate is about 36<br />

Million Naira while the 4th respondent earns a basic<br />

salary of 20,000 Dollars which amounts to about 17<br />

Million Naira per annum.<br />

Learned counsel for the appellant argued that since<br />

these payments contravene the specific law made<br />

for such purpose pursuant to the Constitution of<br />

the Federal Republic of Nigeria, 1999, it amounts to<br />

illegality and therefore unconstitutional.<br />

37<br />

Learned counsel contended that if the appellant,<br />

who has a civil obligation and a right to uphold the<br />

Constitution of the Federal Republic of Nigeria<br />

cannot move the court to pronounce on the breach<br />

of the Constitution of the Federal Republic of<br />

Nigeria, who else can?<br />

He posed the question whether it is being<br />

suggested that it is the Government that will sue<br />

itself or rather the Attorney-General that will sue<br />

the Government and consequently sue himself<br />

where there is a breach by the Executive? Or when<br />

there are breaches of the Constitution and Law<br />

made pursuant to specific provisions of the<br />

Constitution by government, who has the locus to<br />

complain to the Court about such breaches of the<br />

Constitution and that Law made pursuant to the<br />

specific provision of the Constitution.

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