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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.