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CaseLaw

AGF V. AG of 36 States (2001) CLR 7(h) (SC)

Judgement delivered on July 11th 2001

Brief

  • Parties to an action
  • Abuse of court process
  • Joinder of parties
  • Locus standi
  • Attorney General of Federation
  • Cause of action

Facts

The AG of the Federation invoked the original jurisdiction of the Supreme Court under section 232 of the 1999 Constitution and commenced a suit against the Attorneys General of the thirty-six states claiming amongst others.

  • "A determination by the Supreme Court of the Seaward boundary of a littoral state within the Federal Republic of Nigeria, for the purpose of calculating the amount of revenue accruing to the Federation directly from any natural resources derived from that state pursuant to section 162(2) of the constitution of the Federal Republic of Nigeria 1999."

All the defendants except the 29th and 30th Defendants (i.e. Attorney General of Osun and Oyo States respectively) filed their statements of Defence.

Eleven States filed preliminary objections challenging the jurisdiction of the Supreme Court to entertain the suit as they believed that the joining of non littoral states was a misjoinder along with the absence of jurisdiction by the Supreme Court to determine political questions and lack of jurisdiction by the Supreme Court to determine state seaward boundaries.

The objectors were asked to file briefs of argument in support of their objections. And at the hearing of the objections, all the parties adopted the arguments in their briefs. They all proferred oral arguments in support of their briefs except the 4th and 12th objectors.

Issues

  • 1
    Whether Federal Government has the Locus Standi to sue the states as...