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CaseLaw

AGF V. AG Abia State & 35 others (2003) CLR 1(h) (SC)

Judgement delivered on January 31st 2003

Brief

  • Supremacy of Constitution
  • Separation of powers
  • Constitutional provisions

Facts

This is a suit in the original Jurisdiction of this Court brought by virtue of Section 232 of the Constitution of the Federal Republic of Nigeria 1999 (Hereinafter referred to as the Constitution). The Plaintiffs are the Attorneys General of all the thirty-six States of Nigeria who, on behalf of their respective States, brought this action against the Attorney-General of the Federation representing the Federal Government of Nigeria. The grouse of the Plaintiffs is the Statutory Instrument No. 9 of 2002 wherein the President of the Federal Republic of Nigeria, Chief Olusegun Obasanjo, made an order modifying the Allocation of Revenue (Federation Account Etc.) Act 1990 as amended by Allocation of Revenue (Federation Account, Etc.) Decree (No.106) of 1992. By the 1992 Decree (No.106) Sections 1, 2, 3, and 4 of the principal Act were amended. It is the principal Act as amended by Decree 106 of 1992 that has now been modified. This Order is now challenged.

Issues

Whether Section 315 of the Constitution of the Federal Republic of Nigeria...

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