A-G, LAGOS STATE
V.
A-G FEDERATION

(2013) JELR 39656 (SC)

Supreme Court 19 Jul 2013 Nigeria
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- The case involves two suits filed by the Attorney-General of the Federation and the Attorney-General of Lagos State. - The suits are based on the interpretation of the same constitutional provisions. - Suit No. SC.340/2010 has been dismis

Case Details

Suit Number:SC.462/2010
Judges:ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria STANLEY SHENKO ALAGOA Justice of The Supreme Court of Nigeria
Counsel:Adeola Ipaye (Attorney-General, Lagos State) with him Lawal Pedro, SAN (Solicitor-General, Lagos State) and Olanrewaju Akinsola Esq. Temitope Dawodu (Principal State Counsel Ministry of Justice, Lagos State) and Justin I. Jacobs (Senior State Counsel Ministry of Justice, Lagos State)-for the Plaintiff For Appellant T. O. Busari Esq. with Egondu Nnoke Esq.-for the Defendant For Respondent

SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): When this case came up for hearing on 23/4/2010, this court was initially faced with two suits filed by the ATTORNEY-GENERAL of Federation v. ATTORNEY-GENERAL, Lagos State in Suit No.SC.340/2010. The other was ATTORNEY-GENERAL, Lagos State v. ATTORNEY GENERAL of Federation in Suit No. SC.462/2010. By consensus of all the Learned Counsel for their respective parties, it was agreed that the Suit No. SC.462/2010 should abide by the ultimate decision of this Court in Suit No. SC.340/2010.

Both Suits are hinged squarely on the interpretation of the same Constitutional provisions which are the same. Since the case of the plaintiff in Suit No.SC.340/2010 has been dismissed, the case of the plaintiff in Suit No.SC.462/2010 is meritorious and it succeeds. It is determined in favour of the plaintiff herein.

Consequently, I hereby declare as follows:-

(1) That the House of Assembly of Lagos State is the body entitled to the exclusion of a…

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