CORAM

M.L. UWAIS

A.I. KATSINA-ALU

ABUBAKAR BASHIR WALL JUSTICE, SUPREME COURT

M.L. UWAIS, CHIEF JUSTICE, NIGERIA

A.B. WALI

PARTIES

ATTORNEY GENERAL OF ONDO STATE

ATTORNEY GENERAL OF THE FEDERATIONATTORNEY GENERAL OF ABIA STATEATTORNEY GENERAL OF AKWA IBOM STATEATTORNEY GENERAL OF ANAMBRA STATEATTORNEY GENERAL OF BAUCHI STATEATTORNEY GENERAL OF BAYELSA STATE8. ATTORNEY GENERAL OF BENUE STATEATTORNEY GENERAL OF BORNO STATEATTORNEY GENERAL OF CROSS RIVER STATEATTORNEY GENERAL OF DELTA STATEATTORNEY GENERAL OF EBONYI STATEATTORNEY GENERAL OF EDO STATE,ATTORNEY GENERAL OF EKITI STATEATTORNEY GENERAL OF ENUGU STATEATTORNEY GENERAL OF GOMBE STATEATTORNEY GENERAL OF IMO STATE ATTORNEY GENERAL OF JIGAWA STATEATTORNEY GENERAL OF KADUNA STATEATTORNEY GENERAL OF KANO STATEATTORNEY GENERAL OF KATSINA STATEATTORNEY GENERAL OF KEBBI STATEATTORNEY GENERAL OF KOGI STATEATTORNEY GENERAL OF KWARA STATEATTORNEY GENERAL OF LAGOS STATEATTORNEY GENERAL OF NASARAWA STATEATTORNEY GENERAL OF NIGER STATEATTORNEY GENERAL OF OGUN STATEATTORNEY GENERAL OF OSUN STATEATTORNEY GENERAL OF OYO STATEATTORNEY GENERAL OF PLATEAU STATE,ATTORNEY GENERAL OF RIVERS STATEATTORNEY GENERAL OF SOKOTO STATEATTORNEY GENERAL OF TARABA STATEATTORNEY GENERAL OF YOBE STATEATTORNEY GENERAL OF ZAMFARA STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff contended that corruption, the subject matter of the Corrupt Practices and Other Related Offences Act, 2000, is not a matter over which the National Assembly can make law under the constitution.

HELD

The court upheld the validity of the Act & the constitutional power of the National Assembly to make same but declared section 26() and 35 unconstitutional.

ISSUES

(1) Whether the Corrupt Practices and Other Related Offences Act, 2000, is a law with respect to a matter or matters upon which the National Assembly is empowered to make laws for the peace order and good government of Nigeria under the 1999 Constitution of the Federal Republic of Nigeria. (2) Further and in the alternative to Question (1), whether the National Assembly has power to make laws for the peace, order and good government of the Federal Republic of Nigeria with respect to the criminal offences contained in the Corrupt Practices And Other Related Offences Act, 2000. (3) Whether the Attorney General of the Federation or any person authorised by the Independent Corrupt Practices And Other Related Offences Commission can lawfully initiate or authorise the initiation of criminal proceedings in any court of law in Ondo State in respect of any of the criminal offences created by any of the provisions of the said Corrupt Practices And Other Related Offences Act 2000. (4) Whether all the powers conferred on the Independent Corrupt Practices And Other Related Offences Commission or on other functionaries or agencies of the Federal Government by the Corrupt Practices And Other Related Offences Act, 2000 are exercisable in Ondo State in relation to the activities of any person in that State (including any public officer or functionary or officer or servant of the Government of Ondo State).”

RATIONES DECIDENDI

CASES CITED

A-G. of Ogun State v A-G. of the Federation, (2000) 2 WRN 52 at p.57|Nafiu Rabiu v The State, (1981) 2 NCLR 293 at p.326|A-G of Bendel State v. A-G of the Federation, (1982) 3 NCLR 1.|Senator Abraham Adesanya v. President of the Federal Republic of Nigeria, (1981)2 NCLR 358 at p.374|Atolegbe v. Awuni, (1997) 9 NWLR (Part 522) 536 at p.609|Federal Minister of Internal Affairs & Ors. v Shugaba, (1982) 3 NCLR 915

STATUTES REFERRED TO

The 1999 Constitution|The Supreme Court Act|

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