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CaseLaw

AGF V. ANPP (2003) CLR 12(a) (SC)

Judgement delivered on December 12th 2003

Brief

  • Commencement of action
  • Preliminary objection to suit
  • AG (Constitutional role of)
  • Judgement in a suit
  • Juristic personality

Facts

This appeal deals with two distinct and separate matters apparently or seemingly roped together by single twine. One is the main appeal. The other is parasitic on the main appeal. It is not an appeal. The main appeal is filed by the Attorney-General of the Federation. The second matter is in respect of an applicant seeking to join in the appeal as an interested party

Let me take the facts of the cases briefly. In the main appeal, Baba Aliyu Adamu, the 3rd Respondent as Plaintiff, commenced an action at the Federal High Court against the 2nd and 1st Respondents, claiming two declaratory reliefs and three injunctive reliefs to bar the 2nd Respondent from contesting the 1999 election into the office of Governor of Kogi State. The 2nd Respondent, who was the Governor of Kogi State at the material time, in his counter-claim asked for three declaratory reliefs.

At the end of the case, the learned trial Judge dismissed the claim of the 2nd Respondent. Aggrieved by the decision, the Attorney-General of the Federation appealed. The Court of Appeal dismissed the appeal. The Attorney-General has appealed to this Court.

Issues

  • i
    Whether or not the Appellant had the locus standi to institute this appeal...
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