CONSTITUTIONAL LAW — Executive Powers — President Has No Power to Withhold Statutory Allocations as Means of Enforcing Constitutional Compliance
Principle Statement
Nowhere in the Constitution is the President expressly or impliedly authorised to suspend or withhold statutory allocation payable to a state. If the President has a grievance, he should go to court; he cannot kill them by withholding their statutory allocations.
Ratio Decidendi (Source)
Per Kutigi, JSC, in A.G., Lagos State v. A.G., Federation (2004) NLC-702004(SC) at p. 43; Paras B–C.
"Nowhere in the Constitution is the President expressly or impliedly authorised to suspend or withhold the statutory allocation payable to Lagos State pursuant to section 162(5) of the Constitution on the ground of the complaints made against Lagos State by the Federal Government in this action or any ground at all. If the President has any grievance against any tier of Government, he should go to court. He cannot kill them by withholding their statutory allocations."
Explanation / Scope
The President cannot withhold statutory allocations to enforce compliance. The principle applies to constitutional law. The proper remedy is to go to court. The rule prevents executive overreach. Unilateral withholding of funds is unconstitutional. The principle is well-established.
