ANDREW EDOGE OGHENEVWETA V THE STATE
July 26, 2025ONAOLAPO IYANDA V THE STATE
July 29, 2025Legalpedia Citation: (1982) Legalpedia (SC) 11591
In the Supreme Court of Nigeria
Fri Feb 5, 1982
Suit Number: SC. 53/1981
CORAM
FATAYI- WILLIAMS
CHIEF JUSTICE NIGERIA
IRIKEFE
BELLO
IDIGBE
UWAIS
ANIAGOLU
UDOMA
PARTIES
ATTORNEY-GENERALOF OGUN STATEATTORNEY-GENRAL OF BENDEL STATEATTORNEY-GENERAL OF BORNO STATE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Being dissatisfied with the modifications made in the Order, the Governments of Ogun State and Bendel State, by originating summons, and the Government of Borno State, by statement of Claim, challenged its validity. In its own originating summons the Government of Ogun State asked for an order of court declaring that the Constitution of the Federal Republic of Nigeria (Adaptation of Public Order act) Order, 1981, is unconstitutional and therefore null and void and of no effect. It also asked for an injunction to restrain the defendant, (that is, the Government of the Federation) its servants, and agents from acting in pursuance of the said Order. The three actions, with the consent of all parties, were consolidated and heard together as one claim.
HELD
Due to lack of merit, all the claims in each of the three consolidated cases were dismissed in their entirety.
ISSUES
The interpretation of the various sections of the Constitution and the Adaptation Order complained of.
RATIONES DECIDENDI
THE LAWS MADE BY PARLIAMENT IS SUPERIOR
“If Parliament enacts a law in respect of any matter in which both Parliament and a Regional legislature are empowered to make laws, and a Regional legislature enacts an identical law on the same subject matter, the law made by Parliament shall prevail.” Per A. FATAYI-WILLIAMS, CJN.
CASES CITED
None.
STATUTES REFERRED TO
None.
