Instant SSL

Okoye Chukwudi J

Okoye Chukwudi J

"Section 2 (1) of the Constitution of the Federal Republic of Nigeria provides: "S.2 (1): Nigeria is one indivisible and indissoluble sovereign State to be known by the name of the Federal Republic of Nigeria." S.2(2) Nigeria shall be a Federation consisting of the States and a Federal Capital Territory." On the other hand, with respect to the Government, be it the Federal Government or State Government, Section 14 (2) of the Constitution (supra) provides: "S.14(2): It is hereby, accordingly, declared that - (a) sovereignty belongs to the People of Nigeria from whom government through this Constitution derives all its powers and authority." The Federal Republic of Nigeria (or the Federation) is the repository of the sovereignty of the people of Nigeria whereas the Federal or State Governments, in contradistinction, are donees of the powers and authority of the people. A Government is a trustee of the power and authority of the people given through elections. Under the Constitution, the government at Federal and state levels comes and goes. Every four years the mandate is renewed or lost at the elections, but the Federation enures in perpetuity." Per NGWUTA, J.S.C. (Pp. 86-87, paras. B-A)  THE HONOURABLE ATTORNEY GENERAL OF LAGOS STATE v. THE HONOURABLE ATTORNEY GENERAL OF THE FEDERATION & ORS(2014) LPELR-22701(SC)

"Section 2 (1) of the Constitution of the Federal Republic of Nigeria provides: "S.2 (1): Nigeria is one indivisible and indissoluble sovereign State to be known by the name of the Federal Republic of Nigeria." S.2(2) Nigeria shall be a Federation consisting of the States and a Federal Capital Territory." On the other hand, with respect to the Government, be it the Federal Government or State Government, Section 14 (2) of the Constitution (supra) provides: "S.14(2): It is hereby, accordingly, declared that - (a) sovereignty belongs to the People of Nigeria from whom government through this Constitution derives all its powers and authority." The Federal Republic of Nigeria (or the Federation) is the repository of the sovereignty of the people of Nigeria whereas the Federal or State Governments, in contradistinction, are donees of the powers and authority of the people. A Government is a trustee of the power and authority of the people given through elections. Under the Constitution, the government at Federal and state levels comes and goes. Every four years the mandate is renewed or lost at the elections, but the Federation enures in perpetuity." Per NGWUTA, J.S.C. (Pp. 86-87, paras. B-A)  THE HONOURABLE ATTORNEY GENERAL OF LAGOS STATE v. THE HONOURABLE ATTORNEY GENERAL OF THE FEDERATION & ORS(2014) LPELR-22701(SC)

"Section 2 (1) of the Constitution of the Federal Republic of Nigeria provides: "S.2 (1): Nigeria is one indivisible and indissoluble sovereign State to be known by the name of the Federal Republic of Nigeria." S.2(2) Nigeria shall be a Federation consisting of the States and a Federal Capital Territory."

"A fundamental principle of interpretation is that where the words used are clear and unambiguous, they should be given their natural and ordinary meaning. See: Ibrahim Vs Barde (1996) 9 NWLR (Pt.474) 513 at 577 BC; Ahmed Vs Kassim (1958) SCNLR 58; Ojokolobo Vs Alamu (1987) 3 NWLR (Pt.61) 377 at 402 F-H." Per KEKERE-EKUN, J.S.C. (P. 125, paras. E-F)  THE HONOURABLE ATTORNEY GENERAL OF LAGOS STATE v. THE HONOURABLE ATTORNEY GENERAL OF THE FEDERATION & ORS(2014) LPELR-22701(SC)

"A fundamental principle of interpretation is that where the words used are clear and unambiguous, they should be given their natural and ordinary meaning. See: Ibrahim Vs Barde (1996) 9 NWLR (Pt.474) 513 at 577 BC; Ahmed Vs Kassim (1958) SCNLR 58; Ojokolobo Vs Alamu (1987) 3 NWLR (Pt.61) 377 at 402 F-H." Per KEKERE-EKUN, J.S.C. (P. 125, paras. E-F)  THE HONOURABLE ATTORNEY GENERAL OF LAGOS STATE v. THE HONOURABLE ATTORNEY GENERAL OF THE FEDERATION & ORS(2014) LPELR-22701(SC)

"Dealing with the first ground of the 1st Defendants Preliminary Objection to the invocation of the Originating Jurisdiction of the Court, the first port of the call is to look at the provision of Section 232(1) of the 1999 Constitution which conferred the jurisdiction on this Court.

"It is basic that jurisdiction is very fundamental in adjudicatory process. Whenever it is raised, as herein, it should be determined at the earliest opportunity. If a court has no jurisdiction to hear and determine a case, the proceedings remain a nullity ab initio no matter how well conducted and decided.

"It is basic that jurisdiction is very fundamental in adjudicatory process. Whenever it is raised, as herein, it should be determined at the earliest opportunity.

"Courts, including the apex court, lack the jurisdiction of entertaining incompetent claims and/or those that constitute abuse of their processes.

"In A.G. Kano State Vs A.G. Federation (supra) referred to by both the plaintiff and the 1st defendant, this court referred to the dictum of Tobi, JSC in A.G. Lagos State Vs A.G. Federation (2004) 18 NWLR (Pt 904) 1 @ 125 - 126 G - A to the following effect: "In Attorney-General of the Federation Vs Attorney General of Imo State (1983) 4 NCLR 178 it was held that before the original jurisdiction of the Supreme Court can be invoked under Section 212 of the 1979 Constitution, the following criteria must be satisfied:

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