Attorney-general Of Kano State V. Attorney-general Of The Federation (2007)

LAWGLOBAL HUB Lead Judgment Report

NIKI TOBI, J .S.C.

I have examined the briefs of both parties. The original jurisdiction of this court is provided for in Section 232 of the Constitution of the Federal Republic of Nigeria, 1999. The jurisdiction includes any dispute between the Federation and a State or between States.

Although this suit is commenced by the Attorney-General of Anambra State against the Attorney-General of the Federation, the dispute is in respect of when the four-year tenure of the Governor of Anambra State, Mr. Peter Obi, will expire. The Declaration sought is that the four-year tenure should be reckoned from 17th March, 2006 when the Governor subscribed to the Oath of Allegiance and the Oath of Office.

In my view, the matter does not affect the State Government. And what is more, there is no dispute against the Federal Government. In effect, no dispute arises between the Anambra State Government and the Federal Government of Nigeria. As a matter of law, the Federal Government qua Government of the Federation has nothing to do in respect of the tenure of a Governor. That is I will give more detailed reasons for my judgment on 8th June, 2007.

SC.62/2007