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ATTORNEY-GENERAL, ABIA STATE
V.
ATTORNEY-GENERAL, FEDERATION

(2002) JELR 57821 (SC)    

Supreme Court  ·  SC.3/2002 ·  28 Mar 2002 ·  Nigeria
 · 
Other Citations
A.-G., Abia State v. A.-G., Fed. (2002) 6 NWLR (Pt. 763) 264
CORAM
IDRIS LEGBO KUTIGI, JSC MICHAEL EKUNDAYO OGUNDARE, JSC EMANUEL OBIOMA OGWUEGBU, JSC UTHMAN MOHAMMED, JSC UMARU ATU KALGO, JSC AKINTOLA OLUFEMI EJIWUNMI, JSC

Ratio Decidendi

Core Terms Beta
councillors of local government councils
provisions of the constitution of the federal republic
national assembly
plaintiffs’ claims
requirements of section
electoral act
councillors of a local government council
conduct of elections
statement of claim
house of assembly of a state
federal capital territory
distribution of the legislative powers of the federal republic
following issues
division of local government areas
reason of the provisions of the electoral act
constitution of the federal republic of nigeria
date of the commencement of the said act
local government councils
following matters
concurrent legislative list matters
purposes of election
political parties
councillor of a local government council
office of chairman
vice chairman
tenure of office
part ii
said electoral act
following paragraphs of the amendment statement of claim
exclusive legislative list
local government council
amended statement of claim
electoral bill
senior counsel
virtue of the provisions of section
president of the federal republic of nigeria
briefs of argument
state independent electoral commission
government of the states
law
date of election
state government
vice chairman of a local government council
disqualification of persons
power
part iii
registration of voters
states of the federation
part v
local government

KUTIGI, JSC (Delivering the Lead Judgment): In paragraph 12 of their Amended Statement of Claim, the plaintiffs’ claims against the defendant read as follows:-

“(i) A declaration that no law enacted by the National Assembly can validly increase or otherwise alter the tenure of office of elected officers or as Councillors of Local Government Councils in Nigeria except in relation to the Federal Capital Territory alone.

(ii) A declaration that the National Assembly has no power except in relation to the Federal Capital Territory alone to make any law with respect to the following matters or any of them, to wit:-

(a) the conduct of elections into the office of Chairman, Vice Chairman or Councillors of a Local Government Council in Nigeria;

(b) the division of Local Government Areas into wards for purposes of election into Local Government Councils in Nigeria;

(c) the qualification or disqualification of persons as a candidate for election as Chairman, Vice Chairman or Councillor of a L…

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