ALHAJI PRINCE FAROUNBI KAREEM VS THE FEDERAL REPUBLIC OF NIGERIA
June 19, 2025ATTORNEY GENERAL OF ABIA STATE & ORS. VS ATTORNEY GENERAL OF THE FEDERATION
June 19, 2025Legalpedia Citation: (2002) Legalpedia (SC) 16191
In the Supreme Court of Nigeria
Thu Mar 28, 2002
Suit Number: SC. 3/2002
CORAM
ELIAS JUSTICE SUPREME COURT
IBRAHIM TANKO MUHAMMAD, JUSTICE, SUPREME CORUT
MUHAMMED LAWAL UWAIS CHIEF JUSTICE NIGERIA
UTHMAN MOHAMMED JUSTICE, SUPREME COURT
KUMAJ BAYANG AKAAHS JUSTICE, SUPREME COURT
PARTIES
1. ATTORNEY GENERAL OF ABIA STATE2. ATTORNEY GENERAL OF ADAMAWA STATE3. ATTORNEY GENERAL OF AKWA IBOM STATE4. ATTORNEY GENERAL OF ANAMBRA STATE5. ATTORNEY GENERAL OF BAUCHI STATE6. ATTORNEY GENERAL OF BAYELSA STATE7. ATTORNEY GENERAL OF BENUE STATE8. ATTORNEY GENERAL OF BORNO STATE9. ATTORNEY GENERAL OF CROSS RIVER STATE10. ATTORNEY GENERAL OF DELTA STATE11. ATTORNEY GENERAL OF EBONYI STATE12. ATTORNEY GENERAL OF EDO STATE13. ATTORNEY GENERAL OF EKITI STATE14. ATTORNEY GENERAL OF ENUGU STATE15. ATTORNEY GENERAL OF GOMBE STATE16. ATTORNEY GENERAL OF IMO STATE17. ATTORNEY GENERAL OF JIGAWA STATE18. ATTORNEY GENERAL OF KADUNA STATE19. ATTORNEY GENERAL OF KANO STATE20. ATTORNEY GENERAL OF KATSINA STATE21. ATTORNEY GENERAL OF KEBBI STATE22. ATTORNEY GENERAL OF KOGI STATE23. ATTORNEY GENERAL OF KWARA STATE24. ATTORNEY GENERAL OFNASSARAWA STATE25. ATTORNEY GENERAL OF NIGER STATE26. ATTORNEY GENERAL OF OGUN STATE27. ATTORNEY GENERAL OF OSUN STATE28. ATTORNEY GENERAL OF OYO STATE29. ATTORNEY GENERAL OF RIVERS STATE30. ATTORNEY GENERAL OF SOKOTO STATE31. ATTORNEY GENERAL OF TARABA STATE32. ATTORNEY GENERAL OF YOBE STATE33. ATTORNEY GENERAL OF ZAMFARA STATE34. ATTORNEY GENERAL OF ONDO STATE35. ATTORNEY GENERAL OF PLATEAU STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The National Assembly enacted the Electoral Act 2001 which made provisions for; inter alia, tenure and structure of local government, qualification and disqualification of candidates in an election. ?
HELD
The court held that the power of the National Assembly to make law must be in accordance with the provisions of the constitution and that the provisions were unconstitutional. ?
ISSUES
(1) Whether or not the National Assembly has any power to increase or otherwise alter the tenure of any of the offices mentioned in Claim (i) of this action.(2) Whether or not the National Assembly has any power to make laws with respect to the matters specified in Claim (ii) of this action.(3) Whether the National Assembly has power to make laws with respect to the qualification or disqualification of candidates for election to be held pursuant to the provisions of the Constitution of the Federal Republic of Nigeria 1999 without complying with the requirements of Section 9 of the Constitution of the Federal Republic of Nigeria, 1999.(4) What is the scope or limit of the legislative powers of the National Assembly with respect to Local Government elections under the 1999 Constitution.(5) Whether or not the provisions of Section 15 – 73 and 110-122 of the Electoral Act 2001 or of any of the said Sections are Constitutional, valid and operative. In the light of the answers to questions (i) to (v) whether or not the Electoral Act, 2001 is unconstitutional, null and void and inoperative in its entirety (as the Plaintiffs contend) or constitutional, valid and operative (as the Defendant contends).(6) Whether there is any merit in the Defendant’s contention that “the proper and necessary parties are not before the Court.?
RATIONES DECIDENDI
POWER TO LEGISLATE OVER THE LOCAL GOVERNMENT
The National Assembly has no power whatsoever under item 11 of the Concurrent Legislative List or indeed under any provision of the Constitution, to increase or alter the tenure of the elected officers of the Local Government Councils. Only the House of Assembly of a State has such power in view of the provisions of section 7 subsection (1) of the Constitution. The structure of a local government council is a matter for the State House of Assembly to legislate upon, and not for the National Assembly– Kutigi J.S.C.
SUPREMACY OF THE CONSTITUTION
By virtue of Section 1(1) of the Constitution, the provisions of the Constitution take precedence over any law enacted by the National Assembly even though the National Assembly has the power to amend the Constitution itself- Kutigi J.S.C
CASES CITED
Lakanmi v. A-G.. Western Nigeria. (1971)1 UILR 201 at p.209, (1974) ECSLR 713 at p. 722 A-G. Ogun State & Ors. v. A-G. of the Federation & Ors. (1982)13 NCSS 1 at p.11?
STATUTES REFERRED TO
The 1999 Constitution
