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THE ATTORNEY GENERAL OF THE FEDERATION OF NIGERIA v. THE ATTORNEY GENERAL OF ANAMBRA STATE

(2017) JELR 37366 (SC)

Supreme Court  •  SC.876/2015(R)  •  15 Dec 2017  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; JOHN INYANG OKORO JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Judgement

JOHN INYANG OKORO, JSC (Delivering the Lead Ruling): This is Ruling on motion on notice dated 28th February 2016 but filed on 29th February 2016 by the defendant/applicant. The said motion, which is brought, pursuant to Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 97 and 99 of the Sheriff and Civil Process Act, prays for the following reliefs

i. FOR AN ORDER pursuant to Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) striking out this suit for want of jurisdiction on the ground that the dispute does not involve Nigeria as a Federation on the one hand and Anambra State Government on the other, but rather involves a dispute between the Federal Ministry of Lands, Housing and Urban Development over allocation of land made by the Governor of Anambra State.

IN THE ALTERNATIVE:

ii FOR AN ORDER pursuant to Section 97 and 99 Sheriff and Civil Process Act setting aside the writ of summons and all other process…

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