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…

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

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