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A-G ANAMBRA STATE
V.
A-G FEDERATION

(2007) JELR 45958 (SC)    

Supreme Court  ·  SC.62/2007(REASONS) ·  8 Jun 2007 ·  Nigeria
 · 
Other Citations
A.G., Anambra State v. A.G., Fed. (2007) 12 NWLR (Pt.1047)
CORAM
NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiff
oath of office
oath of allegiance
anambra state
senior advocate
constitution of the federal republic of nigeria
independent national electoral commission
17th march
office of governor of anambra state
attorney general of the federation
determination of the question
incumbent governor of anambra state of nigeria
legal rights
provisions of the constitution
learned senior advocate
anambra state of nigeria
attorney-general
exercise of its original jurisdiction
alleged legal rights
commissioners of the government of that state
executive powers of a state
oaths of office
office of the governor of anambra state
plaintiff state
respective oaths of allegiance
tenure of other state governors
attorney-general of anambra state
briefs of argument
court of appeal of nigeria
expeditious determination of this suit
expiration of the tenure of the incumbent governor
expression of his personal rights
following events
following reliefs
fresh elections
governor of anambra state of nigeria
lack of jurisdiction
legitimate expectations of the people of anambra state
legitimate government
nigerian weekly law report
own brief of argument
provisions of the said constitution
said governor
said judgment of the court of appeal
such office
supreme court rules
virtue of provisions of section
year tenure of office of the incumbent governor

ALOMA MARIAM MUKHTAR, J.S.C.: On 5th April, 2007, I struck out this case for lack of jurisdiction. I indicated that day that I will give my reason for doing so today.

By way of originating summons pursuant to Order 3 rules 1 and 6 Supreme Court Rules 1985 (as amended) the Attorney-General of Anambra State who is plaintiff in this suit sought the following reliefs:

1. A declaration that by virtue of provisions of section 180(1) and (2)(A) Constitution of the Federal Republic of Nigeria 1999, the four year tenure of office of the incumbent Governor of Anambra State of Nigeria is reckoned to begin from 17th March, 2006, being the date he first subscribed to the Oath of Allegiance and Oath of Office in accordance with section 185 Constitution of the Federal Republic of Nigeria 1999.

2. A declaration that the incumbent Governor of Anambra State of Nigeria is Constitutionally entitled to continue in office without fresh elections after 28th May, 2007 when the tenure of other State Governor…

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