A-G., ONDO STATE V. A-G., FEDERATION & ORS.

• Pages: 512-523

A-G., ONDO STATE V. A-G., FEDERATION & ORS

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A-G., ONDO STATE V. A-G., FEDERATION &

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A-G., ONDO STATE

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A-G., FEDERATION & ORS

SUPREME COURT OF NIGERIA

SOWEMIMO,

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J.S.C.

BELLO,

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J.S.C.

PLAINTIFF

DEFENDANT

SUIT NO. SC. 22/1983

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OBASEKI,

ESO,

ANIAGOLU,

NNAMANI,

UWAIS,

21st October, 1983

J.S.C.

J.S.C.

J.S.C.

J.S.C.

J.S.C.

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Constitutional Law - Original jurisdiction of Supreme Court - Condition for invoking

precedent - Need for justifiable dispute between the Federation and a State

or between States including a legal right of the Federation or State - Action

by Ondo State against Federation and 18 remaining States

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FEDECO,

alleging usurpation of FEDECO's duties and wrongful compilation of voters

register - No legal right of Ondo State Qua Constituent unit of Federation

involved - No real dispute with the Federation or other States, dispute between

State and FEDECO - original jurisdiction of Supreme Court to hear such.

ISSUES:

1.

Does the Supreme Court have original jurisdiction to hear a matter in which the

Federal Electoral Commission is a party?

2.

What is the extent of the original jurisdiction of the Supreme Court of Nigeria?

FACTS:

The plaintiff brought this action against the Federation, the other 18 States of

the Federation, and the Federal Electoral Commission, seeking various declara-

tions, most of which were addressed to FEDECO. A preliminary objection was

taken as to the original jurisdiction of the Supreme Court to try such a matter.

HELD:

1.

That by virtue of section 212(1) of the Constitution of 1979, the Supreme Court

has original jurisdiction to try any matters between the Federation and a State,

or between States if and in so far as that dispute involves any question on which

the existence of a legal right depends.

2.

That FEDECO is not and cannot by any means be regarded as a State. Since

most of the claims were against FEDECO, the matter appears to be between

the plaintiff and FEDECO, and does not involve the other States or the

Federation. The Supreme Court has no original jurisdiction to try the matter.

CASES REFERRED TO IN JUDGMENT:

1.

A-G.

Federation v. A-G. Imo State & Ors.

1982 12 S.C. 274.

2.

Oklahoma ex rel. Johnson v. Cook

(1938) 304 U.S. 387.