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A.G FEDERATION
V.
A.G ANAMBRA STATE

(2017) JELR 37366 (SC)

Supreme Court 15 Dec 2017 Nigeria
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- This case involves a dispute over the control of land in Amansea, Anambra State between the Federal Ministry of Lands, Housing and Urban Development and the Governor of Anambra State. - The defendant/applicant filed a motion on notice see

Case Details

Suit Number:SC.876/2015(R)
Judges:MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Counsel:Dr. Onyechi lkpeazu, SAN with him, Uju lkpeazu, Tobechukwu Nweke, Esq., Obinna Onya, Esq., A. A. Akaahs, Esq. and Nwakama Ofoegbu, Esq. For Appellant Chief Mike Ozekhome, SAN with him, P. N. Agazie, Esq., Nkem Okoro, Esq., Akintayo Balogun, Esq. and Vivian Oluchi Uche [Miss) For Respondent
Other Citations:(2018) 6 NWLR (Pt. 1615) 314, (2017) JELR 77591 (SC)

JOHN INYANG OKORO, JSC (Delivering the Lead Ruling): This is Ruling on motion on notice dated 28th February 2016 but filed on 29th February 2016 by the defendant/applicant. The said motion, which is brought, pursuant to Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 97 and 99 of the Sheriff and Civil Process Act, prays for the following reliefs

i. FOR AN ORDER pursuant to Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) striking out this suit for want of jurisdiction on the ground that the dispute does not involve Nigeria as a Federation on the one hand and Anambra State Government on the other, but rather involves a dispute between the Federal Ministry of Lands, Housing and Urban Development over allocation of land made by the Governor of Anambra State.

IN THE ALTERNATIVE:

ii FOR AN ORDER pursuant to Section 97 and 99 Sheriff and Civil Process Act setting aside the writ of summons and all other process…

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