Facts
The case of the 16 Plaintiffs is that the Nigerian Financial Intelligence Unit (NFIU), pursuant to the Nigerian Financial Intelligence Unit Act, on 3/1/2023 issued guidelines and advisories to Mr. President and 12 other key institutions and agencies of government. Among these are the Honourable Attorney General of the Federation and Minister of Justice (AGF), AGF), the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and the Director of the Special Control Unit against Money Laundering, for enforcement and implementation. The guidelines and advisories restrained states and local government authorities, including the Federal Capital Territory, from withdrawing funds beyond N 5m and N 10m from their accounts, unless a waiver was granted by the Presidency on a case-by-case basis, or risk jail terms. The guidelines were scheduled for implementation across all states and local government areas of the federation from 1/3/2023.
The Plaintiffs, being aggrieved by the guidelines, invoked the original jurisdiction of the Supreme Court vide Originating Summons, seeking orders declaring the guidelines unconstitutional, on the basis that they interfere with the constitutional functions and powers of the Plaintiffs’ State Governments. In opposition, the Defendant filed a counter affidavit and a Preliminary Objection on the grounds that (i) aspects of the Plaintiffs’ suit, as contained in questions C, D, E, and F in the Amended Originating Summons, were barred by the principles of res judicata , issue estoppel, and constitute an abuse of court process; (ii) the subject matter of the suit fell within the exclusive jurisdiction of the Federal High Court, thereby ousting the original jurisdiction of the Supreme Court (iii) the reliefs sought by the Plaintiffs and the facts contained in the affidavit supporting the Originating Summons did not establish a dispute between the Federation and Plaintiffs as components states in the federation , which is required to invoke the original jurisdiction of the Supreme Court.
