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AG OGUN STATE
V.
AG FEDERATION

(1982) JELR 44485 (SC)

Supreme Court 15 Feb 1982 Nigeria
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- The case involves a challenge to the validity of the Constitution of the Federal Republic of Nigeria (Adaptation of Public Order Act) Order, 1981. - The plaintiffs argue that the Adaptation Order is unconstitutional and void, as it exceed

Case Details

Suit Number:SC.53/1981 (CONSOLIDATED)
Judges:ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria SIR UDO UDOMA Justice of The Supreme Court of Nigeria AYO G. IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY N. ANIAGOLU Justice of The Supreme Court of Nigeria
Counsel:Chief A. Adaramaja, Attorney-General, Ogun State ( with him, A. O. Oduntan, Solicitor-General, G. A. Bakre, Chief Legal Adviser), for the Government of Ogun State, the Plaintiff in Suit SC.53/1981.B. I Obasuyi, Attorney-General, Bendel State, (with him, D. E. Hayble, P. S. C.), for the Government of Bendel State, the Plaintiff in Suit SC.55/1981.L.O. Sanyaolu, Attorney-General, Borno State (with him, Mr. Ibrahim Garndawa), for the Government of Borno State, the Plaintiff in Suit SC.57/1981. For Appellant Chief F. R. A. Williams, SAN., (with him, F. Nwadialo, Assistant Director, Litigation Division, Federal Ministry of Justice and Mr. Ladi Williams), for the Defendants. For Respondent
Other Citations:A.G, OGUN STATE v. A.G, FEDERATION (1982) 1-2 S.C. (REPRINT) 7

A. FATAYI-WILLIAMS, CJN (Delivering the Leading Judgment): Section 69, subsections 1(a), 1(b), (4) and (5) of the Constitution of the Federation of Nigeria, 1963, provide as follows:-

"(1) Parliament shall have power to make laws-

(a) for the peace, order and good government of Nigeria (other than the Federal Territory) or any part thereof with respect to any matter included in the Legislative Lists; and

(b) for the peace, order and good government of the Federal Territory with respect to any matter, whether or not it is included in the Legislative Lists.

X X X X

(4) If any law enacted by the legislature of a Region is inconsistent with any law validly made by Parliament, the law made by Parliament shall prevail and the Regional law shall, to the extent of the inconsistency, be void.

(5) Subject to the provisions of subsection (4) of this section, nothing in this section shall preclude the legislature of a Region from making laws with respect to any matter that is not included in the…

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