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THE ATTORNEY-GENERAL OF ABIA STATE OF NIGERIA V. ATTORNEY-GENERAL OF THE FEDERATION & ORS.

(2005) JELR 45225 (SC)

Supreme Court  •  SC.245/2003  •  10 Jun 2005  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; GEORGE OGUNTADE JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; DAHIRU MUSDAPHER JSC; DENNIS ONYEJIFE EDOZIE JSC; SALIHU MODIBBO ALFA BELGORE JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC;

Judgement

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This action was commenced by the Attorney-General of Abia State against the Federation and the other States identified in the writ of summons under and by virtue of the provisions of section 232(1) of the Constitution of the Federal Republic of Nigeria, 1999 which vested original jurisdiction in this court in any dispute between the Federation and a State or between States if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

In the case under consideration, the questions raised by the plaintiff against the Federation and thirty-five other States of the Federation for determination by this court are as follows: -

"1. A determination of the question whether or not the States (Creation and Transitional Provisions) (No.2) Decree (No. 41) 1991 is in force as a law enacted by the National Assembly and creates Abia State of Nigeria without further assuranc…

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