MR. TAIWO ILARI OGUN VS MR. MOLIKI AKINYEMI & ORS
June 10, 2025DANIEL NSOFOR V THE STATE
June 10, 2025Legalpedia Citation: (2004) Legalpedia (SC) 66601
In the Supreme Court of Nigeria
Fri Dec 10, 2004
Suit Number: SC.70/2004
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
UWANI MUSA ABBA AJI
AUGUSTINE NNAMANI, JUSTICE SUPREME COURT
SUNDAY AKINTOLA AKINTAN, JUSTICE, SUPREME COURT
PARTIES
ATTORNEY-GENERAL OF LAGOS STATE PLAINTIFF(S)
DEFENDANTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Plaintiff instituted this action contending that Urban and Regional planning is a matter within the residual legislative list and stated that the Urban and Regional Planning Decree No. 88 of 1992 was unconstitutional.
HELD
The court, by a majority of 4:3, held that the Urban and Regional Planning Decree No. 88 of 1992 was unconstitutional in so far as it confers urban and regional planning powers on the Federal Government.?
ISSUES
1. Whether Urban and Regional Planning (or Town Planning) as well as the Regulation of Physical Development are legislative matters.2. If an affirmative answer is given to issue 1, whether Urban and Regional Planning (or Town planning) as well as the Regulation of Physical Development in relation to any land in Lagos state are within the legislative and executive jurisdiction of the Federal Government.3. Whether Urban and Regional Planning Decree No. 88 of 1992 is not inconsistent with the provisions of Section 4 of the 1999 Constitution therefore unlawful, null and void.?
RATIONES DECIDENDI
THE POWER TO ENACT URBAN AND REGIONAL PLANNING LAW
By this constitutional arrangement which allocates legislative jurisdiction between the National Assembly and the House of Assembly of a State, it is recognized that any matter not mentioned either in the Exclusive or Concurrent Legislative List becomes a residual matter exclusively for the State House of Assembly by virtue of section 47(a). Per S.O. Uwaifo J.S.C
PRINCIPLE OF FEDERALISM
Nigeria operates a federal system of government. Section 2(2) of the 1999 Constitution re-enacts the doctrine of federalism. This ensures the autonomy of each government. Per S.O. Uwaifo J.S.C
CASES CITED
A-G. Ondo State v. A-G. of the Federation (2002) 9 NWLR (pt. 772) 222; (2002) 9 SCM, 1Pepper v. Hart (1993) 1 All ER 42A.-G. Ogun State v. Aberuagba (1985) 1 NWLR (pt.3) 395; Emelogu v. The State (1988) 19 NSCC (pt.1) 869; A.-G., Abia State v. A.-G. of the Federation (2002) 6 NWLR (pt.763) 264; (2002) 5 SCM, 1.Fawehinmi v. Babangida (2003) 3 NWLR (pt.808) 604; (2003) 3 SCM, 35Green v. Green (1987) 3 NWLR (pt.61) 480 at 500; Lebile v. Registered Trustees Cherubim and Seraphim Church (2003) 2 SCM, 39 (2003) 2 NWLR (pt.804) 399 at 424-425
STATUTES REFERRED TO
The 1999 Constitution
