In the suit, the plaintiffs also sought an order to force the central government to pay them N66 billion expended on capital projects in the three courts.
The seven-man panel, led by Justice Muhammad Dattijo, was told that the three courts belong to the federation and, as such, the funding of their capital projects should flow from the Consolidated Revenue Fund.
Counsel to the governors, Chief Augustine Alegeh (SAN) argued that since the salaries and emoluments of the judges of the three courts are being paid by the Federal Government in line with Section 81 of the 1999 Constitution (as amended), therefore, the portion should be invoked to place the responsibility of funding their capital projects at the doorstep of the defendant.
However, the Attorney General of the Federation (AGF), Abubakar Malami, represented by Tijani Gazali (SAN), opposed the request, urging the apex court to dismiss the application.
Malami predicated his argument on the fact that while the issue of salaries and other entitlements are expressly stated in the Constitution as the responsibility of the Federal Government, the section was silent on capital projects.
The defence held that since the states have been responsible for funding of capital projects for the courts since 1999, the scenario should be sustained.
He urged the justices to dismiss the suit and award substantial cost against the states.
To resolve the constitutional logjam, the Chief Justice of Nigeria (CJN), Ibrahim Tanko, invited five SANs as Amici Curies (friends of court) for their inputs.
Three of them, Chief Adegboyega Awomolo, Dr. Olisa Agbakoba and Chief Sebastine Hon, backed the governors.
In their separate submissions, they argued that the Federal Government should be responsible for the funding of capital projects in the courts, since they are established for the federation.
The other two, Mahmud Magaji and Musibawu Adetumbi, aligned themselves with the AGF.
