The Attorney-general Of The Federation V. The Attorney-general Of Lagos State (2017)

LAWGLOBAL HUB Lead Judgment Report

MUSA DATTIJO MUHAMMAD, J.S.C.

The plaintiff/respondent took out a civil summons dated 3rd March 2011 invoking the original jurisdiction of this Court against the defendant/objector. On the 10th October, 2016, the latter gave notice of preliminary objection pursuant to Order 2 Rule 29 of the Supreme Court Rules 1999 (as amended), Section 232(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and under the inherent jurisdiction of this Court seeking the following orders:-

(1) An order striking out this suit as this Honourable Court lacks the requisite original jurisdiction to entertain same.

(2) An order striking out this suit as the plaintiff/respondent lacks the locus standi to institute this action.

(3) And for such further order or orders as this Honourable Court may deem fit to make in the circumstances.

The objection is predicted on the grounds that:-

1. This Honourable Court lacks Original jurisdiction to entertain causes or matters between the Federal Government and a State Government as in the instant case;
2. The Honourable

Court cannot exercise Original jurisdiction in causes or matters purely on ownership of land.

3. The Plaintiff/Respondent, having divested its interest in the subject matter of this Suit, lacks the locus standi to institute this action.

At the hearing of the preliminary objection, parties adopted and relied on their already filed and exchanged written addresses as their respective arguments.

The three issues distilled by the defendant/objector as having arisen for the determination of his preliminary objection read:-

(i) Whether this Honourable Court has Original jurisdiction to entertain causes or matters between the Federal Government and a State Government; and

(ii) Whether this Honourable Court has Original Jurisdiction in land matters.

(iii) Whether Plaintiff/Respondent, having divested its interest in the subject matter of this Suit, with special reference to No. 10, Gerard Road, Ikoyi, Lagos State, has the locus standi to institute this action.

The three similar issues formulated by the plaintiff/respondent read:-

1. Whether the dispute in the present action does not fall within the

original jurisdiction of the Supreme Court under Section 232 of the Constitution;