judy.legal
Login Register
Case Key Passages (16) Citing Cases (72)
📄 PDF
×

Share

Share this document:

Tap the link above to select, then copy.

ATTORNEY-GENERAL OF ABIA STATE ATTORNEY-GENERAL OF DELTA STATE ATTORNEY-GENERAL OF LAGOS STATE V. ATTORNEY-GENERAL OF THE FEDERATION ATTORNEY-GENERAL OF ADAMAWA STATE ATTORNEY-GENERAL OF AKWA IBOM STATE ATTORNEY-GENERAL OF ANAMBRA STATE ATTORNEY-GENERAL OF BAUCHI STATE ATTORNEY-GENERAL OF BAYELSA STATE ATTORNEY-GENERAL OF BENUE STATE ATTORNEY-GENERAL OF BORNO STATE ATTORNEY-GENERAL OF CROSS-RIVER STATE ATTORNEY-GENERAL OF EBONYI STATE ATTORNEY-GENERAL OF EDO STATE ATTORNEY-GENERAL OF EKITI STATE ATTORNEY-GENERAL OF ENUGU STATE ATTORNEY-GENERAL OF GOMBE STATE ATTORNEY-GENERAL OF IMO STATE ATTORNEY-GENERAL OF JIGAWA STATE ATTORNEY-GENERAL OF KADUNA STATE ATTORNEY-GENERAL OF KANO STATE ATTORNEY-GENERAL OF KATSINA STATE ATTORNEY-GENERAL OF KEBBI STATE ATTORNEY-GENERAL OF KOGI STATE ATTORNEY-GENERAL OF KWARA STATE ATTORNEY-GENERAL OF NASSARAWA STATE ATTORNEY-GENERAL OF NIGER STATE ATTORNEY-GENERAL OF OGUN STATE ATTORNEY-GENERAL OF ONDO STATE ATTORNEY-GENERAL OF OSUN STATE ATTORNEY-GENERAL OF OYO STATE ATTORNEY-GENERAL OF PLATEAU STATE ATTORNEY-GENERAL OF RIVERS STATE ATTORNEY-GENERAL OF SOKOTO STATE ATTORNEY-GENERAL OF TARABA STATE ATTORNEY-GENERAL OF YOBE STATE ATTORNEY-GENERAL OF ZAMFARA STATE

(2006) JELR 56751 (SC)

Supreme Court  •  SC. 99/2005 SC. 121/2005 SC. 216/2005 CONSOLIDATED  •  7 Jul 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC (Presided) UMARU ATU KALGO JSC DAHIRU MUSDAPHER JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC GEORGE ADESOLA OGUNTADE JSC WALTER SAMUEL NKANU ONNOGHEN JSC

Appearances
Chief Solo U. Akuma Esq. (AG) [with him, Mrs. Egoro Awa-Kalu, Mrs. C. S. Chioma (DCL), I. C. Neachukwu (PSC), Vin. O. Chukwu (SC), Chuks Udo-Kalu Esq., Ohakam D. C. (Mrs.) - for the 1st Plaintiff . -*- Professor Fidelis Odilah QC, SAN -*- - for the 2nd Plaintiff . -*- A. R. Ipaye Esq. - for the 3rd Plaintiff . -*- Duro Adeyele Esq. - for the 1st Defendant . -*- Yakubu Ngbale Esq. (with him, Samuel Yaumade Esq.) - for the 2nd Defendant . -*- I. E. Ukanna Esq. (Director, Civil Litigation) - for the 3rd Defendant . -*- N. J. Obika (Mrs.) (Solicitor-General) - for the 4th Defendant . -*- 5th Defendant not represented. -*- H. P. M. Apeli (DCL) (with him, A. P. Egbegi and T. Y. Abasi (Principal State Counsel, respectively) - for the 6th Defendant . -*- S. D. Ato (Solicitor-General) - for the 7th Defendant -*- 8th Defendant not represented. -*- Eyo Ekpo (Attorney-General) - for the 9th Defendant . -*- 10th Defendant not represented. AustinO.AlegbehEsq.(withhim,AtanoCyrilEsq.)- forthe 11thDefendant . Chief Duro Ajayi (Attorney-General) (with him, Apostle Peter -*- Ogunkile Esq.) - for the 12th Defendant. -*- 13th Defendant not represented. -*- 14th Defendant not represented. -*- A. N.Eluwa (Mrs.) (Directorof CivilLitigation)- forthe 15thDefendant . 16th Defendant not represented. -*- 17th Defendant not represented. -*- 18th Defendant not represented. -*- 19th Defendant not represented. 20th Defendant not represented. 21st Defendant not represented. -*- Saka A. Isau (Attorney-General) [with him, H. A. Gegele (PSC) -*- and Abdul Lateef Jida Esq) - for the 22nd Defendant . -*- I.M.J.Agum(DCL) - for the 23rd Defendant . -*- H. O. Afolabi Esq. (with him A. O. Popoola Esq) - for the 24th Defendant . -*- Akin Osinbajo Esq. (Attorney-General) [with him, O. Ogunfowora -*- (DCL)] - for the 25th Defendant . O. Adebusoye Esq. (Solicitor-General) [with him, W. R. Olamide -*- (DPP) and F. S. Akinnibosun (ACLO)] - for the 26th Defendant . AyoAjayiEsq.(withhim,AbidemiOladigboluEsq)- forthe 27thDefendant . -*- M. F. Lana Esq. (Attorney-General) [with him, Akintola Ladapo -*- (DLAS), B.A.AikuEsq. and G.Ogundele (Mrs.)]- for the 28thDefendant . -*- F. B. Lotben (Mrs.) (DCL) - for the 29th Defendant . -*- I. R. Minakiri (Mrs.) (DCL) [with her, D. D. Ihua-Maduenyi Esq. (SC) - for the 30th Defendant . SuleimanAbdulkadir Esq. (with him,Ahmed Gambo Sale Esq.) - for the 31st Defendant . -*- 32nd Defendant not represented. -*- Saleh Samanja Esq. (Solicitor-General) - for the 33rd Defendant . MuktarYushau Esq. (Solicitor-General) - for the 34th Defendant .

Judgement

TOBI JSC (Delivering the Lead Judgment): This is yet another open quarrel between the States and the Federal Government. This court is by now thoroughly familiar and used to such quarrels, as they come before it fairly regularly in the last few years or so. The open quarrel dovetails to a subtle one between the concepts of federalism and unitarism in constitutional law and politics. Paradoxically, the two concepts do not have the slightest inkling or knowledge of the open quarrel they are roped in subtly, as they remain quiet in reference and textbooks. The open quarrel seems to wake them up to their apparent consternation. They seem to be used as conduit pipes in the carriage of the case of each party to a successful end. I will deal with the two concepts in this judgment, albeit briefly. The cynosure or fulcrum of the quarrel is in respect of some sections of the Constitution of the Federal Republic of Nigeria, 1999 and some sections of the Monitoring of Revenue Allocation to Loca…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login