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AG FEDERATION.
V.
AG LAGOS STATE

(2017) JELR 57376 (SC)

Supreme Court 27 Jan 2017 Nigeria
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- The plaintiff filed a civil summons invoking the original jurisdiction of the court against the defendant. - The defendant filed a preliminary objection, arguing that the court lacks jurisdiction and the plaintiff lacks locus standi. - Th

Case Details

Suit Number:SC.50/2011
Judges:OLABODE RHODES-VIVOUR JSC (Presided) MARY UKAEGO PETER-ODILI JSC OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMAD JSC (Read the Lead Ruling) CLARA BATA OGUNBIYI JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC
Counsel:B. Ogungbamila (with him, A. Adibe) - for the Defendant/ Objector . -*- S. Y. Kolawole (Mrs.) (Director of Legal Drafting of the Ministry of Justice, Lagos State) - for the Plaintiff/Respondent .

MUHAMMAD JSC (Delivering the Lead Ruling): The plaintiff/respondent took out a civil summons dated 3 March 2011 invoking the original jurisdiction of this court against the defendant/objector. On 10 October 2016, the latter gave notice of preliminary objection pursuant to Order 2, rule 29 of the Supreme Court Rules, 1999 (as amended), section 232(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and under the inherent jurisdiction of this court seeking the following orders:

“(1) An order striking out this suit as this honourable court lacks the requisite original jurisdiction to entertain same. 

(2) An order striking out this suit as the plaintiff/respondent lacks the locus standi to institute this action.

(3) And for such further order or orders as this honourable court may deem fit to make in the circumstances.”

The objection is predicated on the grounds that:-

“1. This honourable court lacks original jurisdiction to entertain causes or matters between th…

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