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PLATEAU STATE OF NIGERIA & ANOR. V. ATTORNEY-GENERAL OF THE FEDERATION & ANOR.

(2006) JELR 10194 (SC)

Supreme Court  •  SC.113/2004  •  20 Jan 2006  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; GEORGE ADESOLA OGUNTADE JSC;

Judgement

I. L. KUTIGI, JSC (Delivering the Leading Judgment): The plaintiffs' Amended Originating Summons which was taken out by their counsel, Professor B. O. Nwabueze, SAN, Legal Practitioner, is couched in the following terms-

ISSUES FOR DETERMINATION

ISSUE A:

Whether the suspension by the President of the Federal Republic of Nigeria of the Office of the Executive Governor...and the House of Assembly of Plateau State and the proclamation, published in the Federal Government Gazette as Statutory Instrument No. 4 of 2004, by which the suspension was effected, are not a violation of the provisions of Sections 176 and 90 of the Constitution of the Federal Republic of Nigeria 1999 which establish those organs for the government of the State.

ISSUE B:

Whether the said Constitution, either expressly or by implication of its provisions, authorizes the President of the Federal Republic of Nigeria, by proclamation published in the Federal Government Gazette as Statutory Instrument No. 4 of 2004, to s…

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