Plateau State Of Nigeria & Anor. V. Attorney-general Of The Federation & Anor (2006)

LAWGLOBAL HUB Lead Judgment Report

L. KUTIGI,  J.S.C.

The plaintiffs’ Amended Originating Summons which was taken out by their counsel, Professor B. O. Nwabueze, SAN., Legal Practitioner, is couched in the following terms-

ISSUES FOR DETERMINATION

ISSUE A:

Whether the suspension by the President of the Federal Republic of Nigeria of the Office of the Executive Governor ….. and the House of Assembly of Plateau State and the proclamation, published in the Federal Government Gazette as Statutory Instrument No. 4 of 2004, by which the suspension was effected, are not a violation of the provisions of Sections 176 and 90 of the Constitution of the Federal Republic of Nigeria 1999 which establish those organs for the government of the State.

ISSUE B:

Whether the said Constitution, either expressly or by implication of its provisions, authorizes the President of the Federal Republic of Nigeria, by proclamation published in the Federal Government Gazette as Statutory Instrument No. 4 of 2004, to suspend the duly elected Executive Governor and Members of the House of Assembly of Plateau State from exercising the functions and powers of their offices, and to appoint in their place an Administrator, with power to administer the affairs of the State, and whether the suspension is not a positive contravention of the explicit prohibition contained in Section 11(4) and (5) of the said Constitution.

ISSUE C:

Whether the Emergency Powers Act, 1961 from which the President claims to derive power to issue Regulations as additional authority or basis for the suspension of the Office of Governor and House of Assembly of Plateau State and the establishment of an emergency administration under an Administrator was as at May, 18, 2004, part of the laws of the Federation as an existing law under Section 315 of the said Constitution and, if so, whether the Act is not inconsistent with that Constitution.

ISSUE D:

Whether, except with respect to a law for maintaining and securing public safety and public order and for providing, maintaining and securing designated essential supplies and services, or when the Federation is at war, under Section 11(1) and (3) of the said Constitution, the National Assembly has power to make laws generally for peace, order and good government of Plateau State on matters within the exclusive competence of the State under the Constitution otherwise than as provided in Section 11(4) and (5) of the said Constitution or has power to make law or to pass resolution removing or suspending or authorizing the removal or suspension of the Governor or Deputy Governor of the State.

2. RELIEFS CLAIMED

The plaintiffs claim the following reliefs:

(i) A DECLARATION that the suspension by the President of the Federal Republic of Nigeria of “the office of the Executive Governor ………. and the House of Assembly” of Plateau State and the proclamation, published in the Federal Government Gazette as Statutory Instrument No. 4 of 2004, by which the suspension was effected, are unconstitutional, null and void as a violation of the provisions of Sections 176 and 90 of the Constitution of the Federal Republic of Nigeria 1999 which establish those organs for the government of the State.

(ii) A DECLARATION that the suspension from office by the President of the Federal Republic of Nigeria by Statutory Instrument No. 4 of 2004 of the duly elected Governor and Chief Executive and Members of the House of Assembly of Plateau State and their replacement by an emergency Administrator appointed by the President, with power to administer the State for the duration of the emergency, are unconstitutional, null and void on the ground that it is not only unauthorized by any of the provisions of the 1999 Constitution of Nigeria but is also a positive contravention of the explicit prohibition contained in Section 11(4) and (5) of the said Constitution.