The Attorney General Of The Federation Of Nigeria V. The Attorney General Of Anambra State (2017)

LAWGLOBAL HUB Lead Judgment Report

OHN INYANG OKORO, J.S.C.

This is Ruling on motion on notice dated 28th February 2016 but filed on 29th February 2016 by the defendant/applicant. The said motion, which is brought, pursuant to Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 97 and 99 of the Sheriff and Civil Process Act, prays for the following reliefs

FOR AN ORDER pursuant to Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) striking out this suit for want of jurisdiction on the ground that the dispute does not involve Nigeria as a Federation on the one hand and Anambra State Government on the other, but rather involves a dispute between the Federal Ministry of Lands, Housing and Urban Development over allocation of land made by the Governor of Anambra State.

IN THE ALTERNATIVE:

ii FOR AN ORDER pursuant to Section 97 and 99 Sheriff and Civil Process Act setting aside the writ of summons and all other processes served on the Defendant at the office of the Attorney General Anambra State, Awka Anambra State on the ground that

(a) The Writ

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of summons and the Statement of Claim were not marked for service outside Abuja being the seat of the Court.

(b) The Writ of Summons did not accord the Defendant the mandatory period of not less than 30 days within which to enter appearance.

IN THE FURTHER ALTERNATIVE AND IN THE EVENT OF THE COURT NOT GRANTING (1) AND (11) ABOVE:

(iii) FOR AN ORDER of extension of the time within which the Defendant may be allowed to enter appearance and file the requisite defence to this suit.

And for such orders or further Orders as the Supreme Court may deem fit to make in the circumstance.”

The grounds upon which the application is anchored are that:

“i. Based on the facts disclosed on the Statement of Claim, there is no dispute between the Federation and Anambra State Government.