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Attorney-General, Ondo State vs. Attorny-General, Federation

ATTORNEY-GENERAL OF ONDO STATE

V

1.         ATTORNEY-GENERAL OF THE FEDERATION

2.         ATTORNEY-GENERAL OF ABIA STATE

3.         ATTORNEY-GENERAL OF ADAMAWA STATE

4.         ATTORNEY-GENERAL OF AKWA IBOM STATE

5.         ATTORNEY-GENERAL OF ANAMBRA STATE

6.         ATTORNEY-GENERAL OF BAUCHI STATE

7.         ATTORNEY-GENERAL OF BAYELSA STATE

8.         ATTORNEY-GENERAL OF BENUE STATE

9.         ATTORNEY-GENERAL OF BORNO STATE

10.     ATTORNEY-GENERAL OF CROSS RIVER STATE

11.     ATTORNEY-GENERAL OF DELTA STATE

12.     ATTORNEY-GENERAL OF EBONYI STATE

13.     ATTORNEY-GENERAL OF EDO STATE

14.     ATTORNEY-GENERAL OF EKITI STATE

15.     ATTORNEY-GENERAL OF ENUGU STATE

16.     ATTORNEY-GENERAL OF GOMBE STATE 

17.  ATTORNEY-GENERAL OF IMO STATE

18.     ATTORNEY-GENERAL OF JIGAWA STATE

19.     ATTORNEY-GENERAL OF KADUNA STATE

20.     ATTORNEY-GENERAL OF KANO STATE

21.     ATTORNEY-GENERAL OF KATSINA STATE

22.     ATTORNEY-GENERAL OF KEBBI STATE

23.     ATTORNEY-GENERAL OF KOGI STATE

24.     ATTORNEY-GENERAL OF KWARA STATE

25.     ATTORNEY-GENERAL OF LAGOS STATE

26.     ATTORNEY-GENERAL OF NASSARAWA STATE

27.     ATTORNEY-GENERAL OF NIGER STATE

28.     ATTORNEY-GENERAL OF OGUN STATE

29.     ATTORNEY-GENERAL OF ONDO STATE

30.     ATTORNEY-GENERAL OF OSUN STATE

31.     ATTORNEY-GENERAL OF OYO STATE

32.     ATTORNEY-GENERAL OF PLATEAU STATE

33.     ATTORNEY-GENERAL OF RIVERS STATE

34.     ATTORNEY-GENERAL OF SOKOTO STATE

35.     ATTORNEY-GENERAL OF TARABA STATE

36.     ATTORNEY-GENERAL OF YOBE STATE

37.     ATTORNEY-GENERAL OF ZAMFARA STATE

SUPREME COURT OF NIGERIA

M. LAWAL UWAIS, CJN ( Presided and Read the Lead Judgment )

ABUBAKAR BASHIR WALI, JSC

EMANUEL OBIOMA OGWUEGBU, JSC

UTHMAN MOHAMMED, JSC

ALOYSIUS IYORGYER KATSINA-ALU, JSC 

SAMSON ODEMWINGIE UWAIFO, JSC

AKINTOLA OLUFEMI EJIWUNMI, JSC

SC. 200/2001

FRIDAY 7TH JUNE, 2002

ATTORNEY-GENERAL -  Attorney-General of the Federation -Powers conferred thereon by section 174, Constitution, 1999 - Whether court can control the manner in which can be exercised - Whether can be prevented from exercising his functions on the ground that his jurisdiction does not extend to any state in Nigeria

CASE LAW - Decisions in Sele vs State and Emelogu vs. State - Relevance of to the legislative power of the National Assembly to legislate on corrupt practices and abuse of power in reliance on section 14(2)(b) of the Constitution, 1999 via item 60(a) of the Exclusive Legislative List

CONSTITUTIONAL LAW -  National Assembly - Powers of to enact Corrupt Practices and Other Related Offences Act, 2000- Reasons therefor

CONSTITUTIONAL LAW - ‘Implied Prohibition’ and ‘Mutual noninterference’ among National Government and component States Essence of - When applicable - How applied

CONSTITUTIONAL LAW - ‘State’ in the context of section 15(5), 1999 Constitution - Whether means Federal Republic of Nigeria or Federal, State and Local Governments

CONSTITUTIONAL LAW - ‘State’ within section 15(5), 1999 Constitution

-  Whether includes Federal and State Governments

CONSTITUTIONAL LAW - Abolition of corrupt practices and abuse of power - Legislation for establishment and regulation of authorities to promote and enforce the observance of nation’s responsibility in respect thereof - Sole power of National Assembly thereon

CONSTITUTIONAL LAW - Attorney-General of the Federation -Powers conferred thereon by section 174, Constitution - Whether court can control the manner in which can be exercised - Whether can be prevented from exercising his functions on the grounds that his jurisdiction does not extend to any state in Nigeria

CONSTITUTIONAL LAW - Constitution - Powers, rights and limitations created thereunder - Whether can be disputed in a court of law

CONSTITUTIONAL LAW - Constitution, 1999 - Item 60(a) under Exclusive Legislative List - Proper approach to interpretation thereof - Need to lean on broader interpretation unless the text or the rest of the Constitution indicates that the narrower interpretation will best carry out the objects and purposes of the Constitution

CONSTITUTIONAL LAW - Constitution, 1999, section 13 thereof - Whether limits application of provisions of Chapter II on Directive Principles to only organs of government  - Whether extend to individual persons involved in corrupting official

CONSTITUTIONAL LAW - Constitution, 1999, section 14(2)(b) and Item 60(a)  of the Exclusive Legislative List - Variety of circumstances section 14(2)(b) can be legislated upon under item 60(a) - Instance of a state of emergency of national importance

CONSTITUTIONAL LAW - Constitution, 1999, section 15(5) thereof which seeks for the abolition of corrupt practices and abuse of power Incorporation thereof into the Exclusive Legislative List by item 60(a) -  Need for liberal interpretation

CONSTITUTIONAL LAW - Constitutional Provisions - How construed Need to adopt construction that will promote the general legislative purpose underlying the constitution

CONSTITUTIONAL LAW - Constitutional provisions - Interpretation of How done - Need to construe same in such a way as to justify the hopes and aspirations of the drafters

CONSTITUTIONAL LAW - Constitutional provisions which bear a measure of ambiguity - Need to avoid technical rules of interpretation so as not to defeat principles behind such provisions

CONSTITUTIONAL LAW - Corrupt Practices and Other Related Offences Act, 2000 - Sections 26(3) and 35 thereof - Whether constitutional, null and void

CONSTITUTIONAL LAW - Corrupt Practices and Other Related Offences Act, 2000 - Section 37 thereof - Validity and constitutionality of

CONSTITUTIONAL LAW - Criminal law under 1979 Constitution -

Exclusion thereof from the Exclusive or Concurrent Legislative List -  Competence of Houses of Assembly to legislate thereon being a residual matter

CONSTITUTIONAL LAW - Federal and State Governments - Concurrent power of to legislate in order to prohibit corrupt practices and abuse of office

CONSTITUTIONAL LAW - Federal or National Government - Act of Question whether such encroaches on residual powers of a State What determines

CONSTITUTIONAL LAW - Federal State and Component States - Separate and independent autonomy of - Application of the doctrines of ‘implied prohibition’ and ‘mutual non-interference’

CONSTITUTIONAL LAW - Federalism - Character thereof as a system of Government

CONSTITUTIONAL LAW - Federalism - Practice of as a system of government in Nigeria - Historical background thereof

CONSTITUTIONAL LAW - Federalism - Universal feature of -

Consideration of

CONSTITUTIONAL LAW - Federalism as a system of government in Nigeria -  Historical background of

CONSTITUTIONAL LAW - Fundamental Objective and Directive Principles of State Policy - Duty of National Assembly to make law for the establishment and regulation of authorities to promote and enforce

the observance of  - Authorities set up thereby - Duty vested thereupon to promote and enforce the observance of the Directive Principles

CONSTITUTIONAL LAW - Fundamental Objectives and Directive Principles of State Policy - Fundamental usefulness of in the governance of a country

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy - Historical aetiology or origin of

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy - Need not to treat as a dead letter

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy - Place of on other jurisdictions

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy - Need to conform to and run subsidiary to the Chapter on Fundamental Rights

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy under Chapter II of the Constitution, 1999 -  Whether every section thereunder suitable for legislation  which would carry sanctions

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy under Chapter II of the Constitution, 1999

-  Placing entire Chapter II under the Exclusive Legislative List

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy under Chapter II of the Constitution, 1999 -  Basis for placing same under Chapter II declarations under Item 60(a)  of the Exclusive Legislative List

CONSTITUTIONAL LAW - Fundamental objectives and Direct Principles contained in Chapter II of 1999 Constitution - Observance of  - How can be enforced by the Independent Corrupt Practices and Other Related Offences Commission

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy - How Independent Corrupt Practices and

Related Offences Commission can promote and enforce same CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy - Duty of executive and legislature to give expression thereto as occasion may demand

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy - Justification for inclusion thereof within the Exclusive Legislative List under Item 60(a)

CONSTITUTIONAL LAW - Fundamental Objectives and Directive

Principles of State Policy - When legislative effect can be given thereto

CONSTITUTIONAL LAW - Legislation made in respect of subject-matter which cuts across the states consisting a Federation - Whether an interference with the affairs of such states

CONSTITUTIONAL LAW - National Assembly - Legislative powers of in the context of section 4(1) of the 1999 Constitution - Whether operated on behalf of Federal Government or of the Federal Republic of Nigeria

CONSTITUTIONAL LAW - National Assembly - Power of to legislate against corruption and abuse of office

CONSTITUTIONAL LAW - National Assembly - Power of to legislate for the purpose of establishing and regulating Independent Corrupt Practices and Related Offences Commission

CONSTITUTIONAL LAW - National Assembly - Power of to make laws for national emergency - Whether would have been possible without the provision of section 11 of the 1999 Constitution

CONSTITUTIONAL LAW - National Assembly - Power of to make laws for national emergency, disaster or a state of war under section 14(2)(b) of the Constitution, 1999

CONSTITUTIONAL LAW - Residual power of a State - Whether encroached by Act of Federal Government - What determines

CONSTITUTIONAL LAW - Residual powers of a state - Encroachment thereon by Act of Federal or National Government - What determines

CORRUPT PRACTICES AND ABUSE OF POWER - Abolition of all corrupt practices and abuse of power - Duty on Federal Government to make law through the National Assembly for the purpose of

CORRUPT PRACTICES AND ABUSE OF POWER - Abolition of all corrupt practices and abuse of power - Need and urgency for Nigerian Republic to show its concern in relation thereto in line with section 15(5) , Constitution,  1999

CORRUPT PRACTICES AND ABUSE OF POWER - Abolition of corrupt practices and abuse of power - Legislation for establishment and regulation of authorities to promote and enforce the observance of nation’s responsibility in respect thereof - Sole power of National Assembly thereon

CORRUPT PRACTICES AND ABUSE OF POWER - Corruption and Abuse of Power - How handled to save the interest and welfare of Nigeria

CORRUPT PRACTICES AND ABUSE OF POWER -  Constitution, 1999, section 13 thereof - Whether limits application of provisions of Chapter II on Directive Principles to only organs of government  -

Whether extend to individual persons involved in corrupting official

CORRUPT PRACTICES AND ABUSE OF POWER - Corrupt Practices and Other Related Offences Act - Criminal Proceedings in respect of any of the offences created thereby - Who can lawfully initiate or authorise the initiation of

CORRUPT PRACTICES AND ABUSE OF POWER - Corrupt Practices and Other Related Offences Act, 2000 - Sections 26(3) and 35 thereof -  Whether unconstitutional, null and void

CORRUPT PRACTICES AND ABUSE OF POWER - Corrupt Practices and Other Related Offences Act, 2000 - Section 37 thereof - Validity and constitutionality of

CORRUPT PRACTICES AND ABUSE OF POWER - Corrupt Practices and Other Related Offences Act No. 5 of 2000 - Aims, Purpose and Scope of

CORRUPT PRACTICES AND ABUSE OF POWER - Corrupt Practices and Other Related Offences Act, 2000 - Whether unconstitutional

CORRUPT PRACTICES AND ABUSE OF POWER - Corrupt Practices and Other Related Offences Act  - Applicability of to public officers and private persons

CORRUPT PRACTICES AND ABUSE OF POWER - Corruption and abuse of office in Nigeria - Endemic nature and consequences of on development and progress

CORRUPT PRACTICES AND ABUSE OF POWER - Corruption and abuse of power - Issue of - Whether will save the interests of all and the general welfare of Nigeria to make same subject of national legislation - Russel vs. Queen, Helvering vs. Davis, Heart of Atlanta Motel vs. United States considered

CORRUPT PRACTICES AND ABUSE OF POWER - Every individual person involved in corrupt practices and abuse of power - Need for to be made to face the law

CORRUPT PRACTICES AND ABUSE OF POWER - Independent Corrupt Practices and Related Offences Commission - Power of National Assembly to legislate for the purpose of establishing same

CORRUPT PRACTICES AND ABUSE OF POWER - Independent Corrupt Practices and Related Offences Commission - How can enforce the

Fundamental Objectives and Directive Principles of State Policy

CORRUPT PRACTICES AND ABUSE OF POWER - Independent Corrupt Practices Commission  -Power of National Assembly to establish same - Power to promote and enforce the observance of the purpose of the Commission to be given by National Assembly

CORRUPT PRACTICES AND ABUSE OF POWER - Prohibition of corrupt practices and abuse of office - Concurrent power of Federal and State Governments to legislate thereon

COURT - Attitude of to Corrupt Practices and Other Related Offences Act in view of court’s prior knowledge about the history of corruption in Nigeria

COURT - Claim of plaintiff - Court not to go beyond

COURT - Exceptional circumstances which call for exercise of legislative authority - When the court is bound to take judicial notice thereof COURT -Extrinsic materials or evidence on the scourge of corruption in

Nigeria furnished by an amicus curiae - Whether usable by the court

-  Reference re Anti-Inflation Act (1976) 68 DLR (Ed) 452 applied

COURT  - Fundamental Objectives and Directive Principles of State Policy -  Place of other jurisdiction

COURT - State High Court - Using same as venue for the prosecution of cases initiated by the Independent Corrupt Practices and Other Related Offences Commission - Whether unconstitutional

CRIMINAL LAW AND PROCEDURE - Armed robbery - Whether a federal offence in view of Robbery and Firearms (Special Provisions) Act, 1970  which is a Federal Statute

CRIMINAL LAW AND PROCEDURE - Criminal law under 1979

Constitution - Exclusion thereof from the Exclusive or Concurrent Legislative List - Competence of Houses of Assembly to legislate thereon being a residual matter

CRIMINAL LAW AND PROCEDURE - Decisions in Sele vs State and

Emelogu vs. State - Relevance of to the legislative power of the National Assembly to legislate on corrupt practices and abuse of power in reliance on section 14(2)(b) of the Constitution, 1999 via item 60(a) of the Exclusive Legislative List

CRIMINAL LAW AND PROCEDURE - ‘Federal offence’ - Meaning of under section 286(3), Constitution, 1999

EVIDENCE - Extrinsic materials or evidence on the scourge of corruption in Nigeria furnished by an amicus curiae - Whether usable by the court - Reference re Anti-Inflation Act (1976) 68 DLR (Ed) 452 applied

GOVERNMENT - ‘Implied Prohibition’ and ‘Mutual non-interference’ among National Government and component States - Essence of When applicable - How applied

GOVERNMENT - Federal Government of Nigeria - Duty thereon to make law through the National Assembly for the purpose of eradicating all corrupt practices and abuse of power

GOVERNMENT - Federal or National Government - Act of - Question whether such encroaches on residual powers of a State - What determines

INTERPRETATION OF STATUTE - Broader and narrower interpretation of the provisions of Constitution - When may be resorted to - Need to consider the context and scheme of the Constitution

INTERPRETATION OF STATUES - Constitution, 1999, section 15(5) thereof which seeks for the abolition of corrupt practices and abuse of power -  Incorporation thereof into the Exclusive Legislative List by item

60(a)  - Need for liberal interpretation

INTERPRETATION OF STATUTE -  Constitution, 1999 - Section 15(5) thereof  â€˜State’ in the context thereof - Meaning of

INTERPRETATION OF STATUTE - Constitution, 1999 - Exclusive Legislative List - Item 60(a) thereunder - Proper approach to interpretation of

INTERPRETATION OF STATUTE - Constitution, 1999 - Item 60(a) under Exclusive Legislative List - Proper approach to interpretation thereof -  Need to lean on broader interpretation unless the text or the rest of the Constitution indicates that the narrower interpretation will best carry out the objects and purposes of the Constitution

INTERPRETATION OF STATUTE - Constitution, 1999, section 15(5) thereof - Canon of interpretation given thereto

INTERPRETATION OF STATUTE - Constitutional provisions - Need to avoid narrow interpretation - Danger of narrow construction

INTERPRETATION OF STATUTE - Constitutional provisions which bear a measure of ambiguity - Need to avoid technical rules of interpretation so as not to defeat principles behind such provisions

INTERPRETATION OF STATUTE  Doctrine of implied prohibition Inapplicability of where ordinary principle of construction are applied

INTERPRETATION OF STATUTE - ‘State’ within section 15(5) ,  1999 Constitution - Whether includes Federal and State Governments

JUDICIAL NOTICE - Exceptional circumstances which call for exercise of legislative authority - When the court is bound to take judicial notice thereof

JUDICIAL PRECEDENT - Decisions in Sele vs State and Emelogu vs. State - Relevance of to the legislative power of the National Assembly to legislate on corrupt practices and abuse of power in reliance on section 14(2)(b) of the Constitution, 1999 via item 60(a) of the Exclusive Legislative List

LEGISLATION - Legislation made in respect of subject-matter which cuts across the states consisting a Federation - Whether an interference with the affairs of such states

LEGISLATURE - Abolition of corrupt practices and abuse of power Legislation for establishment and regulation of authorities to promote and enforce the observance of nation’s responsibility in respect thereof - Sole power of National Assembly thereon

LEGISLATURE - Criminal law under 1979 Constitution - Exclusion thereof from the Exclusive or Concurrent Legislative List - Competence of Houses of Assembly to legislate thereon being a residual matter

LEGISLATURE - Decisions in Sele vs State and Emelogu vs. State Relevance of to the legislative power of the National Assembly to legislate on corrupt practices and abuse of power in reliance on section 14(2)(b) of the Constitution, 1999 via item 60(a) of the Exclusive Legislative List

LEGISLATURE - Federal Legislature and the State legislatures - Legislative powers of each legislature -  How divided

LEGISLATURE - Legislation made in respect of subject-matter which cuts across the states consisting a Federation - Whether an interference with the affairs of such states

LEGISLATURE -  National Assembly - Act enacted thereby - Whether need state constitutional provisions under which it is enacted

LEGISLATURE - National Assembly - Competence of to create offences bordering on corrupt practices and abuse of power - Whether affected or impeded by the decisions in Sele vs. State and Emelogu vs. State

LEGISLATURE - National Assembly - Legislative powers of in the context of section 4(1) of the 1999 Constitution - Whether operated on behalf of Federal Government or of the Federal Republic of Nigeria

LEGISLATURE - National Assembly - Power of to legislate against corruption and abuse of office

LEGISLATURE - National Assembly - Power of to legislate for the purpose of establishing and regulating Independent Corrupt Practices and Related Offences Commission

LEGISLATURE - National Assembly - Power of to make laws for national emergency, disaster or a state of war under section 14(2)(b) of the Constitution, 1999

LEGISLATURE - National Assembly - Power of vis-a-vis matters directly within its legislative powers and those not directly within its legislative powers

LEGISLATURE - National Assembly - Power of where an enactment is in relation to a matter within the enumerated classes of subjects expressly assigned thereto

LEGISLATURE - National Assembly - Powers of to enact Corrupt Practices and Other Related Offences Act, 2000 - Whether validly exercised

LEGISLATURE - National Assembly - Whether has Constitutional power to create criminal offences under Corrupt Practices and Other Related Offences Act, 2000 - Relevancy of provisions of items 67 and 68 Part I of the second schedule to 1999 Constitution

LEGISLATURE - National Assembly - Whether has legislative competence to enact Corrupt Practices and Other Related Offences Act, 2000

LEGISLATURE - National Assembly -Power of under section 4 and item 60(a) , Exclusive Legislative List, 1999 Constitution to make all laws directed to the end of those powers and reasonably incidental to their absolute fulfilment

NOTABLE PRONOUNCEMENT - Corruption and Abuse of Power - How handled to save the interest and welfare of Nigeria

PRACTICE AND PROCEDURE - Claim of plaintiff - Court not to go beyond STATUTE - Constitution, 1999, section 15(5) thereof which seeks for the abolition of corrupt practices and abuse of power - Incorporation of into the Exclusive Legislative List by item 60(a) - Need for liberal interpretation

STATUTE - Corrupt Practice and Other Related Offences Act - Criminal Proceedings in respect of any of the offences created thereby - Who can lawfully initiate or authorise the initiation of

STATUTE - Corrupt Practices and Other Related Offences - Provisions of sections 6(a), 26(3), 28, 29, 35 and 37 thereof - Whether unconstitutional and invalid

STATUTE - Corrupt Practices and Other Related Offences Act  Applicability of to public officers and private persons

STATUTE - Corrupt Practices and Other Related Offences Act - Whether unconstitutional

STATUTE - Corrupt Practices and Other Related Offences Act No. 5 of 2000 -  Aims, Purpose and Scope of

STATUTE - Corrupt Practices and Other Related Offences Act, 2000 Enactment of - Whether National Assembly has legislative competence therefor

STATUTE - Corrupt Practices and Other Related Offences Act, 2000  Criminal offences thereunder - Whether National Assembly has constitutional power to create - Relevancy of provisions of items 67 and 68 of Part I of the second schedule to 1999 Constitution

STATUTE - Corrupt Practices and Other Related Offences Act, 2000 Attitude of court thereto in view of courtâ€