Ratio DecidendiRatio Decidendi


(1983) JELR 46418 (SC)    

Supreme Court  ·  SC.22/1983 ·  21 Oct 1983 ·  Nigeria
Other Citations
(1983) All N.L.R 552
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
20th defendant
federal electoral commission
1st defendant
original jurisdiction
statement of claim
supreme court
ondo state
attorney general of the federation
constitution of the federal republic of nigeria
proper party
general elections
scope of the original jurisdiction of the supreme court
attorney general
necessary party
original jurisdiction of the court
33-paragraph statement of claim
activities of the federal government
administrative functions of the federal electoral commission
attorney general of ondo state
behalf of the government of that state
complaint of the plaintiff
concise oxford dictionary
constitution of the federation
dictum of the learned justice of the supreme court
examination of other issues
execution of its constitutional functions
extent of the legal right of the plaintiff
governments of the states
governors of the states
issue of the dispute
jurisdiction of the court
lagos state
learned counsel
legal right of the plaintiff
legal rights of ondo state
mr. fidelis nwadialo
ogun state
provision of section
purpose of the preliminary objection
representatives of the government of the federal republic
rules of the supreme court
section of the constitution
section of the country
stricto sensu
such state
usurpation of the duties of the 20th defendant

ESO, JSC: This action was filed in this Court with a statement of claim dated 8th April, 1983, pursuant to the Rules of the Supreme Court 1977, which deal with the original jurisdiction of the Court. That jurisdiction is conferred upon the Supreme Court by section 212(1) of the Constitution of the Federation 1979 which I will hereinafter refer to in this judgment simply as "the Constitution". The action was brought by the Attorney General of Ondo State, on behalf of the Government of that State, against the Attorney General of the Federation and the Attorney General of all the other eighteen States in the Federation as representatives of the Government of the Federal Republic of Nigeria and the Governments of the States respectively. The Federal Electoral Commission (FEDECO) was also brought in as the 20th defendant.

The claim consists of a 33-paragraph statement of claim, which I do not consider necessary to set out in full herein for the purpose of the preliminary objection raised t…

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