ATTORNEY GENERAL OF ANAMBRA STATE v. ATTORNEY
GENERAL OF THE FEDERATION (REASONS)
(2007) LPELR-24343(SC)
In The Supreme Court of Nigeria
On
Friday, the 8th day of June, 2007
SC.62/2007(REASONS)
Before Their Lordships
NIKI TOBI
Justice of The Supreme Court of Nigeria
GEORGE
ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
ALOMA
MARIAM MUKHTAR Justice of The Supreme Court of Nigeria
MAHMUD
MOHAMMED Justice of The Supreme Court of Nigeria
WALTER
SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
IBRAHIM
TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
CHRISTOPHER
MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria
Between
ATTORNEY
GENERAL OF ANAMBRA STATE - Appellant(s)
AND
ATTORNEY
GENERAL OF THE FEDERATION - Respondent(s)
Other Citations
A.G.,
Anambra State v. A.G., Fed. (2007) 12 NWLR (Pt.1047)
Summary
The
plaintiff, by an originating summons, sought five declaratory and two
injunctive reliefs in respect of the incumbent Governor of Anambra State, Mr.
Peter Obi. The aggregate of the reliefs is to reckon his four year tenure to
begin from 17th March, 2006. The originating summons was supported by an
affidavit of 14 paragraphs. By the originating summons pursuant to Order 3
rules 1 and 6 Supreme Court Rules 1985 (as amended) the Attorney-General of
Anambra State who is plaintiff in this suit sought the determination of these
questions: "1. A determination of the question whether the four year
period/tenure of office for a state Governor contemplated by section 150
Constitution of the Federal Republic of Nigeria 1999 is reckoned from the date
in which the incumbent Governor subscribed to the Oath of Allegiance and Oath
of office. 2. A determination of the question whether having regard to all the
circumstances it is Constitutional for the incumbent Governor of the plaintiff
state to continue in office without fresh election after 28th May, 2007 when
the tenure of other State Governors (apart from Anambra State of Nigeria) who
subscribed their respective Oaths of Allegiance and Oaths of Office on 29th
May, 2003, is deemed to expire. 3. A determination of the question whether
having regard to Anambra State of Nigeria, it is unconstitutional and illegal
to conduct elections into the Office of Governor of Anambra State on 14th
April, 2007 when the tenure of office of the incumbent Governor will not expire
until 16th March, 2010. 4. A determination of the question whether a
democratically elected Governor of Anambra State is by virtue of section
150(2)(a) Constitution of the Federal Republic of Nigeria 1999 entitled to an
uninterrupted tenure of four years from the date of subscribing to the Oath of
Allegiance and Oath of Office as Governor of a State. 5. A determination of the
question whether it is lawful and Constitutional for the defendant, through its
servants privies, Agents/agencies (including Independent National Electoral
Commission), to conduct elections into the office of Governor of Anambra State
on 14th April, 2007 when the incumbent Governor subscribed his Oath of
Allegiance and Oath of office on 17th March, 2006." He also sought the
following reliefs: 1. A declaration that by virtue of provisions of section
180(1) and (2)(A) Constitution of the Federal Republic of Nigeria 1999, the
four year tenure of office of the incumbent Governor of Anambra State of
Nigeria is reckoned to begin from 17th March, 2006, being the date he first
subscribed to the Oath of Allegiance and Oath of Office in accordance with
section 185 Constitution of the Federal Republic of Nigeria 1999. 2. A
declaration that the incumbent Governor of Anambra State of Nigeria is
Constitutionally entitled to continue in office without fresh elections after
28th May, 2007 when the tenure of other State Governors who subscribed their
respective Oaths of Allegiance and Oaths of Office on 29th May, 2003 is deemed
to expire; the incumbent Governor of Anambra State of Nigeria having subscribed
his Oath of Allegiance and Oath of Office on 17th day of March, 2006 in
accordance with sections 180(2)(a) and 185(1) Constitution of the Federal
Republic of Nigeria 1999. 3. A declaration that any elections, or preparations
for elections including any purported elections on 14th April, 2007 or any
other date conducted by the defendant, by itself or through his servants,
privies, agents/agencies including the Independent National Electoral
Commission; for the purpose of electing any person into the office of Governor
of Anambra State of Nigeria before the expiration of the tenure of the
incumbent Governor of Anambra State on 16th March, 2010; is unconstitutional,
illegal, unlawful, null, void and of no effect whatsoever being contrary to
sections 5(1); 180(1)(d), 180(2)(a) and 185(1) Constitution of the Federal
Republic of Nigeria 1999. 4. A declaration that the incumbent Governor of
Anambra State of Nigeria is Constitutionally entitled to an uninterrupted
tenure of office of a period of four years commencing on 17th March, 2006 in
accordance with sections 180 and 185 Constitution of the Federal Republic of
Nigeria 1999. 5. A Declaration that any purported return into office of
Governor of Anambra State and subscription of the Oath of Allegiance as well as
Oath of Office as such by any person pursuant to the elections or purported
elections of the 14th April, 2007 or of any other date; during the currency of
the tenure of the incumbent Governor of Anambra State is unconstitutional,
illegal, unlawful, null, void and of no effect whatsoever being contrary to
section 180(1)(a) and (d) Constitution of the Federal Republic of Nigeria 1999.
6. An order of injunction restraining the defendant, by itself or through its
servants, privies, officers, authorities agents/agencies including the
Independent National Electoral Commission from preparing to conduct, conducting
or purportedly conducting any election into the office of the Governor of
Anambra State of Nigeria on 14th April, 2007 or any other date prior to the
expiration of the tenure of office of the incumbent Governor of Anambra State
of Nigeria. 7. An order of injunction restraining the defendant, by itself or
through its servants, privies, officers, authorities agents/agencies including
the Independent National Electoral Commission from returning any person into
office as Governor of Anambra State of Nigeria pursuant to any purported
election on 14th April, 2007 or any other date prior to the expiration of the
tenure of office of the incumbent Governor of Anambra State of Nigeria."
When the matter came up on 3rd April, 2007, this court suo motu asked the
parties to address it on jurisdiction immediately. This was because of the
urgency of the matter. Came 4th April, 2007, the parties filed their briefs on
jurisdiction and addressed the court the following day. Both parties formulated
a single issue each for determination and it is whether this court has original
jurisdiction to hear the matter. Counsel to plaintiff in his brief of argument,
formulated the issue raised for determination as following: "Whether this
court in the exercise of its original jurisdiction can hear and determine the
reliefs sought by the plaintiff in this suit." He also adopted the
defendant's brief of argument which also has in it the following formulated
issue for determination: "Whether this Honourable Court can hear and
determine the questions raised by the plaintiff in its originating summons for
determination in the exercise of its original jurisdiction." It was held
that the Supreme Court had no jurisdiction to hear and determine the case, the
matter was struck out with no order as to costs.
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