JUDGE MADE LAW IN THE SUPREME COURT DECISION IN AGF V AG ABIA STATE ON DIRECT PAYMENT OF FEDERAL ALLOCATION TO LOCAL GOVERNMENT COUNCILS

Abstract

The Supreme Court of Nigeria in the recent case of AGF v AG, Abia State interpreted section 162(5)-(8) of Constitution of the Federal Republic of Nigeria, 1999, according to the respected court, purposefully and progressively, and granted the relief for direct payment of federal allocation to local government councils in disregard of the literal interpretation of the Constitution's  provisions requiring same to be paid through the States. In doing so the court lamented over the years, States have run the councils as their parastatals and that in defiance of court decisions. this paper examined the relevant constitutional provisions interpreted, decided case that appertain to the question and the opinion philosophers and concluded that while the interpretation handed down by the Supreme Court is populist and responsive to public opinion, it detracts from the doctrine of separation of powers. The respected court remade the Constitution. Judge made law could be good but it is fraught with its own problems. The problem the Supreme Court sought to assist to solve is however hinged upon more fundamental dysfunctions that require constitutional amendment and enhancement of the rule of law to solve. This paper suggests constitutional amendment and comprehensive measures to enhance the rule of law in Nigeria as the meaningful way to solve the problem.