Supreme Court Adjourns State AGs vs AGF Case to October 22nd, as Legal Experts Anticipate Landmark Ruling Upholding Federalism, Judicial Independence »

The above mentioned suit came before the Supreme Court of Nigeria on the 8th day of October,2024, and adjourned to the 22nd day of October,2024 for hearing?

Pundits are confident that in view of the clear position of the law on the issues brought before the Supreme Court in the said suit by the AGs of the States V. The AGF,and coupled with the declared commitment of the present head of judiciary;Hon. Justice Kudirat Kekere – Ekun to ensure independence and integrity of the judiciary,that the right thing will be done in the circumstances of the suit.

So as to give credence to the doctrine of true federalism, respect for the rule of law and constitutional order.

The time honored principle in Macfoy V. UAC is still relevant,to the extent that if the law provides for a particular mandatory manner to do a thing,and you failed in that regards,the failure rendered your action a nullity,as you cannot build something on nothing.

In order words, the Supreme Court found in Nwobike’s case that the Acts challenged in the suit,particularly the EFCC Act was rooted in a UN Convention, and by virtue of section 12 of the 1999 Constitution the states of the federation;being critical stakeholders in Nigeria were supposed to be consulted or involved in putting those Acts in place,but that did not happen.

This is the reason why those Acts were unconstitutional,and the Supreme Court is being called upon to so hold and accordingly nullity them.

It is also the position that the items that gave rise to those Acts were not in the exclusive legislative list that the NASS could make laws without recourse to the states of the federation. Indeed, the defendant in the suit did not dispute those facts,but simply posited that the concurrence of states were not needed or required in the making of those Acts. A very wrong and misconceived position;though.

The Supreme Court of Nigeria is therefore called upon to rise up to the occasion, assert its uprightnesses,integrity and supremacy,by doing what is right in this matter,just the way it did in the Naira redesign suit,that had similar principles with the instant suit.

U F Umoru,Esq
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