A-G., EASTERN NIGERIA V. A-G., FEDERATION

• Pages: 160-166

160

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

Each side has asked for the costs of this appeal and we will hear argument

from counsel for the appellant, having already been addressed by counsel for the

respondents.

Damages reduced and

re-allocated;

Order for payment into Court.

A.G. EASTERN NIGERIA V. A.G. OF THE

FEDERATION

ATTORNEY - GENERAL,

EASTERN NIGERIA



PLAINTIFF

V

ATTORNEY-GENERAL

OF THE FEDERATION



DEFENDANT

SUIT NO.SC 231/1964

and SC 23

2

/

1

964

SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

BRETT,



J.S.C.

TAYLOR,



J.S.C.

BAIRAMIAN,



J.S.C.

29th June, 1964

Legislation - Constitution of the Federation, 1963, s.4, s.42, s.43, s.51, s.53, s.114(1),

s.141 - Supreme Court Rules, 1961, Order 2, R.1, R.2, Order 3, R. 1, Rules

of the Supreme Court (England, as in White Book for 1964) Order 12, R.1.

E.N. - Constitution of 1963, s.14.

Constitutional Law - Constitution of Federation - Constituencies - number and

demarcation - whether any Region has a legal right to a particular number -

Monetary grants to Regions out of Distributable Pools Account - Alteration of

fractions.

Jurisdiction - Original Jurisdiction

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of Supreme Court under s.114(1) of the

Constitution.

Practice and Procedure - Motion to dismiss suit on ground that statement of

claim discloses no cause of action, and that Court has no jurisdiction - objection

that defendant had entered unconditional appearance. - Declaration, a discretionary

remedy - Plaintiffs conduct.

ISSUES:

1.

Whether an unconditional appearance can extend to a case which the trial court

has no jurisdiction to entertain.

2.

Whether a Region of Nigeria has a legal right to any particular number of

constituencies.

3.

Whether a court can dictate to Parliament on how it should make Monetary

Grants from the Distributable Pool account to the Regions.