L.A. MORAKINYO VS IBADAN CITY COUNCIL
September 4, 2025AGOLO IBOLUKWU & ORS VS JAMES ONOHARIGHO
September 4, 2025Legalpedia Citation: (1964-06) Legalpedia 50113 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Jun 29, 1964
Suit Number: FSC. 231/1962
CORAM
BAIRAMIAN, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
ATTORNEY GENERAL OF THE FEDERATION
RESPONDENTS
AREA(S) OF LAW
DECLARATION
SUMMARY OF FACTS
The appellants sought a declaration from court stating that they are not bound to abide by the results of the 1963 census
HELD
The court held that the Statement of Claim discloses no cause of action, that the Court has no jurisdiction to entertain the claim and that the action is frivolous and vexatious and an abuse of the process of the Court and accordingly dismissed the action
ISSUES
Whether the statement of claim disclosed a cause of action and whether the court had jurisdiction to try the matter
RATIONES DECIDENDI
DELIMITATION OF CONSTITUENCIES
“The rule that no constituency shall form part of more than one territory makes for administrative convenience, and enables provision to be made in section 53 for the hearing of election petitions by the High Court of the territory, but it cannot be construed as conferring on a territory a legal right to have any particular number of constituencies established within its boundaries. It is Nigeria, not a territory, that is divided into constituencies for the purpose of elections to the House of Representatives, and the Constitution confers no legal rights on a territory in relation to membership of that House.” BRETT. J.S.C
CASES CITED
1. Wilkinson v. Barking Corporation [1948] 1 K.B. 721
2. Electrical Development Co. of Ontario v. Attorney-General for Ontario and Anor. [1919] A.C. 687
STATUTES REFERRED TO
1. Federal Supreme Court Rules
2. Constitution of the Federation
