Attorney General Of Ondo State V Attorney General Of The (1983)

LawGlobal-Hub Lead Judgment Report

ESO, J.S.C

This action was filed in this Court with a statement of claim dated 8th April, 1983, pursuant to the Rules of the Supreme Court 1977, which deal with the original jurisdiction of the Court.

That jurisdiction is conferred upon the Supreme Court by section 212(1) of the Constitution of the Federation 1979 which I will hereinafter refer to in this judgment simply as “the Constitution”.

The action was brought by the Attorney General of Ondo State, on behalf of the Government of that State, against the Attorney General of the Federation and the Attorney General of all the other eighteen States in the Federation as representatives of the Government of the Federal Republic of Nigeria and the Governments of the States respectively. The Federal Electoral Commission (FEDECO) was also brought in as the 20th defendant.

The claim consists of a 33-paragraph statement of claim, which I do not consider necessary to set out in full herein for the purpose of the preliminary objection raised to the jurisdiction of the Court. It is necessary however to note that the statement of claim complains of the activities of the Federal Government which consist of interference with the constitutional and administrative functions of the Federal Electoral Commission in its charge of conducting the 1983 general elections to the offices of the President of the Federation, the Governors of the States and all the other elective offices in the country.

On 6th May, 1983, Mr. Fidelis Nwadialo, learned counsel for the 1st defendant, that is the Attorney General of the Federation, brought a motion seeking an order for the dismissal of the suit-

“on the grounds that, (a) this Court has no jurisdiction to hear the suit since it is not a matter which comes within the scope of the original jurisdiction of the Supreme Court as prescribed in section 212(1) of the Constitution of the Federal Republic of Nigeria 1979, and (b) the 20th defendant cannot be a proper party in an action brought under the afore-mentioned section of the Constitution”.

This motion was fixed for argument on 22nd June, and on that day the Court took submissions from some of the learned counsel in the case. There were subsequent adjournments but unfortunately as one of the members of the Court, our revered colleague, the Hon. Justice Chukwunweike Idigbe, of blessed memory, died before the Court could deliver a ruling in the application, the application had to be relisted again for fresh hearing before another panel of the Court.

On the 21st and 22nd September, the application for dismissal of the suit on the ground of lack of jurisdiction by the Court was heard.

Mr. Nwadialo contended that the claim was not one within the scope of the original jurisdiction of the Supreme Court. Further, the 20th defendant, the Federal Electoral Commission was not a proper party to the suit. Counsel said that the complaint of the plaintiff is the alleged interference with and usurpation of the duties of the 20th defendant in relation to the preparation for the conduct of the 1983 election and also wrongful compilation and revision of the register of voters.

Counsel submitted that the duties of organising and undertaking and supervising elections in this country are imposed solely and exclusively on the 20th defendant that is, the Federal Electoral Commission by virtue of paragraph 6(a) of Part I of the Third Schedule to the Constitution of the Federal Republic of Nigeria.

These duties, counsel continued, are owed to the citizens of Nigeria and not to the States. There has been no averment that the legal rights of Ondo State are involved in this case.

Mrs. Akinsanya, learned counsel representing Lagos State, submitted that the real grouse in this case has been directed against the Federal Government of Nigeria, and only indirectly against the 20th defendant, the Federal Electoral Commission. The legal right as shown in this case, is complaint by Ondo State against the Federal Government, in regard to the conduct of the 1983 election.

Mr. Okuwa, learned counsel representing Ogun State, agreed with the submissions of Mrs. Akinsanya.