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AG ANAMBRA
V.
AG OF THE FEDERATION

(2007) JELR 39820 (SC)

Supreme Court 5 Apr 2007 Nigeria
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- The case involves a dispute over the expiration date of the four-year tenure of the Governor of Anambra State, Mr. Peter Obi. - The Attorney-General of Anambra State filed the suit against the Attorney-General of the Federation. - The cou

Case Details

Suit Number:SC.62/2007
Judges: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
Counsel:Awa A. Kalu, SAN (with him, P. I. Ikwueto, SAN; Prof. E. Azinge, SAN; Dr. V. J. O. Azinge; Dr. O. F. Ayeni; J. N. Nwokolobia; M. C. Kalu; I. Bozimo; O. Fadare; M. C. Okonkwo and C. O For Appellant Chief Bayo Ojo, SAN - Attorney-General of the Federation (with him, A. O. Mbamalu [Mrs.](DCL) and C. O. Assam (ACLO) For Respondent
Other Citations:(2007) 12 NWLR (Pt. 1047) 1, A.G., Anambra State v. A.G., Fed. (Judgt.) (2007) 12 NWLR (Pt.1047)

NIKI TOBI, J.S.C. (Delivering the Leading Judgment): I have examined the briefs of both parties. The original jurisdiction of this court is provided for in Section 232 of the Constitution of the Federal Republic of Nigeria, 1999. The jurisdiction includes any dispute between the Federation and a State or between States.

Although this suit is commenced by the Attorney-General of Anambra State against the Attorney-General of the Federation, the dispute is in respect of when the four-year tenure of the Governor of Anambra State, Mr. Peter Obi, will expire. The Declaration sought is that the four-year tenure should be reckoned from 17th March, 2006 when the Governor subscribed to the Oath of Allegiance and the Oath of Office.

In my view, the matter does not affect the State Government. And what is more, there is no dispute against the Federal Government. In effect, no dispute arises between the Anambra State Government and the Federal Government of Nigeria. As a matter of law, the Federal…

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