Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



CHEVRON (NIG) LTD
V.
AG & COJ , DELTA STATE & ANOR

(2018) JELR 38781 (CA)    

Court of Appeal  ·  CA/B/221/2010 ·  25 May 2018 ·  Nigeria
CORAM
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
counsel
section
constitution of the federal republic of nigeria
delta state ecology law
decree no.
trial court
national assembly
attorney-general
delta state government
ecology tariff
exclusive legislative list
inter alia
learned trial judge
obiter dictum
exhibits cnl
federal environmental protection agency act
learned counsel
regional planning
word state
delta state house of assembly
federal environmental protection act
ecology law
states of the federation
suit no. w
town planning
appellants case
case of attorney-general
chapter ii of the constitution
high court
laws of the federal republic of nigeria
legislative competence of the national assembly
obiter dicta of the supreme court
order of perpetual injunction
provisions of the constitution of the federal republic
amended appellants
determination of the following issues
given field
high court of delta state
interpretation of the constitution of the federal republic
interpretation of the provision of section
leading judgment
lower court
powers of the delta state house of assembly
pronouncement of the supreme court
relevant federal enactments
said suit
state assembly
submissions of the learned counsel
way of an originating summons
word state means

MOORE ASEIMO ABRAHAM ADUMEIN, JCA (Delivering the Leading Judgment): On the 24th day of February, 2009 the appellant, as the plaintiff, instituted an action by way of an originating summons in the High Court of Delta State, holden at Warri in Suit No. W/105/2009. In the said suit, the appellant sought the determination of the following issues:

1. Whether from the construction/interpretation of the Constitution of the Federal Republic of Nigeria 1999 and the Taxes and Levies (Approved List for collection) Decree No. 21 of 1998, the Federal Environmental Protection Agency Act and all other relevant Federal enactments the Delta State House of Assembly and indeed the Delta State Government is empowered to legislate and pass the Ecology Law 2006 and the Ecology Tariff 2006.

2. Whether the Delta State Government is legally entitled to levy and collect the rates, taxes and tariffs contained in Exhibits CNL 1 and CNL 2 contrary to the 1999 Constitution and the Taxes and Levies (Approved List fo…

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