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THE ATTORNEY-GENERAL, LAGOS STATE V. THE ATTORNEY-GENERAL OF FEDERATION

(2013) JELR 39656 (SC)

Supreme Court  •  SC.462/2010  •  19 Jul 2013  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; IBRAHIM TANKO MUHAMMAD JSC; JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; MUSA DATTIJO MUHAMMAD JSC; STANLEY SHENKO ALAGOA JSC;

Appearances
Adeola Ipaye (Attorney-General, Lagos State) with him Lawal Pedro, SAN (Solicitor-General, Lagos State) and Olanrewaju Akinsola Esq. Temitope Dawodu (Principal State Counsel Ministry of Justice, Lagos State) and Justin I. Jacobs (Senior State Counsel Ministry of Justice, Lagos State)-for the Plaintiff For Appellant T. O. Busari Esq. with Egondu Nnoke Esq.-for the Defendant For Respondent

Judgement

SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): When this case came up for hearing on 23/4/2010, this court was initially faced with two suits filed by the ATTORNEY-GENERAL of Federation v. ATTORNEY-GENERAL, Lagos State in Suit No.SC.340/2010. The other was ATTORNEY-GENERAL, Lagos State v. ATTORNEY GENERAL of Federation in Suit No. SC.462/2010. By consensus of all the Learned Counsel for their respective parties, it was agreed that the Suit No. SC.462/2010 should abide by the ultimate decision of this Court in Suit No. SC.340/2010.

Both Suits are hinged squarely on the interpretation of the same Constitutional provisions which are the same. Since the case of the plaintiff in Suit No.SC.340/2010 has been dismissed, the case of the plaintiff in Suit No.SC.462/2010 is meritorious and it succeeds. It is determined in favour of the plaintiff herein.

Consequently, I hereby declare as follows:-

(1) That the House of Assembly of Lagos State is the body entitled to the exclusion of a…

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