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AG, ABIA STATE & ORS
V.
AG, FEDERATION

(2003) JELR 44872 (SC)    

Supreme Court  ·  SC.227/2002 ·  31 Jan 2003 ·  Nigeria
 · 
Other Citations
A.G. ABIA STATE v. A.G. FEDERATION (2003) 4 NWLR (PT.809)124 (2003) 1. S.C. (PT. II)1
CORAM
MUHAMMADU LAWAL UWAIS JSC SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC SYLVESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC SAMSON ODEMWINGIE UWAIFO JSC

Ratio Decidendi

Core Terms Beta
federation account
order
allocation of revenue
law
per cent
plaintiffs
national assembly
existing law
federation account etc.
local government councils
appropriate authority
principal act
special funds
senior advocate
constitution of the federal republic of nigeria
president of the federal republic of nigeria
revenue allocation
laws of the federation
federal capital territory
local governments
state government
amended statement of claim
attorney-general of the federation
briefs of argument
following basis
following issues
per cent of the revenue
special account
allocation principles
attorneys-general
behalf of their respective states
constitutional power
direct nullification of this court
equality of states
exercise of the powers
existing formula
federal government of nigeria
federation government
following order
government of the federation
grouse of the plaintiffs
leading judgment
national assembly proposals
original jurisdiction of this court
provisions of section
provisions of this act
s.315 of the constitution of the federal republic
states of nigeria
virtue of section

S.M.A. BELGORE, J.S.C. (Delivering the Leading Judgment): This is a suit in the original jurisdiction of this court brought by virtue of Section 232 of the Constitution of the Federal Republic of Nigeria, 1999 (hereinafter referred to as the Constitution). The Plaintiffs are the Attorneys-General of all the thirty-six states of Nigeria who, on behalf of their respective states, brought this action against the Attorney-General of the Federation representing the Federal Government of Nigeria. The grouse of the plaintiffs is the Statutory Instrument No. 9 of 2002 wherein the President of the Federal Republic of Nigeria, Chief Olusegun Obasanjo, made an order modifying the Allocation of Revenue (Federation Account Etc.) Act, 1990 as amended by Allocation of Revenue (Federation Account, Etc.) Decree (No. 106) of 1992. By the 1992 Decree (No. 106), Sections 1, 2, 3 and 4 of the principal Act were amended. It is the principal Act as amended by Decree 106 of 1992 that has now been modified. T…

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