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Opinion

The Oracle: Disputes Between the States and the Federation: Examining the Jurisdiction of the Supreme Court (Pt. 1)

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By Mike Ozekhome

INTRODUCTION

The judiciary is the third arm of government and the repository of the powers of adjudication and settlement of disputes. It is a very central arm of government – with overwhelming responsibilities and duties. The judiciary is indispensable in all political administrations – no matter the model or nomenclature of such government. It is the custodian of the Constitution and gatekeeper of the laws in any system of government. It adjucates on disputes among the citizens; between citizens and governments; and between the governments interest.

Under the Constitution of the Federal Republic of Nigeria, 1999, as altered, the Judicature is provided for in Chapter 6. It should be noted that section 6 of Constitution also empowers the National Assembly to make laws for the establishment of some courts and conferment of jurisdiction on same. This paper discuses the jurisdiction of the Supreme Court to entertain disputes between States and the Federation.

UNDERSTANDING OF THE CONCEPT “JURISDICTION”
Jurisdiction simply means the authority which a court possesses to decide matters submitted to it. It is the whole basis of taking cognizance of matters presented before a court in a formal way, for the purpose of adjudication. SPDC Nig. Ltd Vs Isiah (2001) 11 NWLR Pt. 723, Pg 168 @ 179; Mobil Producing Nig Unltd v. LASEPA (2003) FWLR Pt. 137, pg 1029 @ 1052).

The Apex Court graphically illustrated this position in ATTORNEY GENERAL OF ANAMBRA STATE vs. ATTORNEY GENERAL OF THE FEDERATION (2007) All FWLR Pt. 379 pg. 1218 @ 1280 where it held, per I.T Muhammad JSC (as he then was) thus:
“Jurisdiction to a court of law is equated to blood in a living animal. Jurisdiction is the blood that gives life to the survival of an action in a Court of law, without which the action will be like an animal that has been drained of its blood. It will cease to have life and any attempt to resuscitate it without infusing blood into it would be an exercise in futility.”

Jurisdiction is the limit imposed on the power of a validly constituted court to hear and determine issues between persons seeking to avail themselves of its process, by reference to the subject matter of the issues, or to the persons between whom the issues are joined, or to the kind of reliefs sought. Petroleum (Special) Trust Fund vs. Fidelity Bank & Ors (2021) LPELR-56625(SC) at Pp 44 – 45 Paras F – C. In the fairly old case of AG FEDERATION v. AG OF ABIA STATE & ORS, (2001) LPELR-24862(SC); pp 114, paras C-D. per, Adolphus Godwin Karibi – White, JSC, (dissenting), illuminated noted that:

“The word jurisdiction means the authority the Court has to decide matters before it or to take cognisance of matters presented in a formal way for its decision (See Ndaeyo v. Ogunnaya (1977) 1 SC 11; National Bank v. Shoyoye (1977) SC 181).”

The Court of Appeal also took a bite in determining the meaning of jurisdiction in the more recent case of AJAYI v. ALARAB PROPERTIES LTD, (2021) LPELR-56073(CA) per UGOCHUKWU ANTHONY OGAKWU, JCA at (Pp 24 – 25 Paras F – B), thus:
“Now, the concept of the jurisdiction of a Court can mean two things: (i) the abstract right of a Court to exercise its powers in causes of a certain class, or (ii) the right of a Court to exercise its powers over a particular subject matter, or res in dispute. In the broader sense of the right of a Court to exercise its powers, jurisdiction implies the legal authority or legal capacity to adjudicate at all.”

HOW TO DETERMINE JURISDICTION: THE SUPREMESOURCE

On what determines jurisdiction, the intermediate court of Appeal addressed the matter in DEPUTY SHERRIF, FHC LAGOS JUDICIAL DIVISION & ANOR v. USIEBEMHEN, (2022) LPELR-57472(CA); Per Abubakar Sadiq Umar, JCA, At Pp 16 – 16, Paras B – D, thus:
“In determining whether a Court of law has jurisdiction to entertain an action, the Court must as a matter of law examine carefully the pleadings and other averments of the Claimant in the statement of claim. In order words, questions relating to locus standi (legal standing to maintain an action); whether a suit discloses a reasonable cause of action or constitutes an abuse of the Court process, it is the duty and incumbent on the Court to scrutinise and dissect the Claimant’s pleadings which captures the grounds and the interests for approaching the Court to ventilate a grievance.”

KEY POINTS TO NOTE ABOUT JURISDICTION

Jurisdiction is not just a procedural matter. It is a substantive issue in litigation. An objection to the jurisdiction of the court can be raised at any time, even when there are no pleadings filed, and the party raising such objection need not bring it under any rule. See A.G. KWARA STATE vs. OLAWALE. (1993) 1 N.W.L.R (Pt.272) 645 at 674-675. Issues of jurisdiction cannot be waived, nor can they be conferred by parties consenting among themselves to vest a Court with jurisdiction where none exists. See NIGERITE LIMITED vs. DALAMI (NIG.) LIMITED. (1992) 7 N.W.I.R (Pt.253) 288 at 297.

ESTABLISHMENT OF THE SUPREME COURT OF NIGERIA
The Supreme Court is established in Section 230 (1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended. In sub-section (2) of Section 230, it is provided that the said Court “shall consist of the Chief of Nigeria and such number of Justices of the Supreme Court, not exceeding twenty one as may be prescribed by an Act of the National Assembly.” It is therefore worthy of note that, the phrase – not exceeding twenty-one is an implied amendment of section 210 of the 1979 Constitution and section 228 of the 1989 Constitution, which provided for a maximum of fifteen (15) Justices. Thus, section 230 is targeted at expounding the frontiers of the number in order to reduce the burdensome workload on their Lordships. The use of the word “shall”, connotes mandatory, while ‘and’ is conjunctive.

APPOINTMENT OF JUSTICES OF THE SUPREME COURT-HOW MADE

Section 231(1) and (2) of the Constitution, provides that:

“The Chief Justice of Nigeria and other Justices of the Supreme Court shall be appointed by the President on the recommendation of the National Judicial Council subject to confirmation by the Senate.”

By the provisions of Section 231(4) and (5), where the office of Chief Justice of Nigeria becomes or where vacant the person holding the office is for any reason unable to perform the function of his office, the President of Nigeria has the power to appoint the most senior Justice of the Supreme Court to perform those functions for not more than three months, except as otherwise recommended by the National Judicial Council (NJC). However, the President cannot re-appoint a person whose appointment has lapsed. It is therefore always advisable that the acting appointment is confirmed to avoid a constitutional crisis. It should be noted also that by virtue of the provisions of Section 231(3), a person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen (15) years.

Having blazed the trail through a brief expository of the Supreme Court of Nigeria, it is germane at this juncture to examine what affects the jurisdiction of a Court, before delving into the crux of this vista.

FACTORS THAT AFFECT THE JURISDICTION OF A COURT

It is trite that an objection to jurisdiction is undoubtedly an objection to the competence of the court to entertain such a suit. See the case of WORGU BOGGA LTD AND ANOR V. HON. MINISTER OF THE FEDERAL CAPITAL TERRITORY (2009) LPLER- 20032

The determinant factors of Jurisdiction were laid to rest in the celebrated case of MADUKOLU V. NKEMDILIM. (1962) SCNJ 72 It was held that a court is competent to adjudicate upon a case when:

A. It is properly constituted with respect to the number and qualification of its membership;

B. The subject matter of the action is within its jurisdiction;

C. The action is initiated by due process;

D. Any condition precedent to the exercise of its jurisdiction has been fulfilled. Soyannwo v. Akinyemi (2001) 8 NWLR (pt. 714) p. 95 at 116 Paras H – B; Evbuomwan v. Bendel Insurance Co Plc (2001) 1 NWLR (pt. 694) at 396 para 3.

These factors are Joint, and the absence of any one affects the jurisdiction of the court in deciding the Court of Appeal in the case. See the case of CAVENDISH PETROLEUM NIGERIA LTD & ORS v. DERIBE & ANOR, 2014) LPELR-23350(CA), per Ibrahim Shata Bdliya, JCA, at Pages 21 – 24 Paras F – A) wherein it held that: “A Court is said to have jurisdiction and therefore competent to determine a suit when: (a) It is properly constituted as regards numbers and qualification of the members of the bench and no member is disqualified for one reason or other; (b) The subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the Court from exercising its jurisdiction; and (c) The case comes before a Court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. These preconditions for a Court to be seized of jurisdiction are conjunctive and the non-fulfillment or absence of any of them would automatically rob the Court of jurisdiction to hear and determine the suit. See Drexel Energy & N.R. Ltd. v. Trans Inter Bank Ltd. (2008) 18 NWLR Pt.1119 P.388 @ 417. For a Court of law to have jurisdiction to hear and determine any suit, three (3) basic requirements must be met or satisfied as enunciated in the case of Madukolu v. Nkemdilim (1962) 2 All NLR P.581, which are thus: (a) “It is properly constituted as regards numbers and qualification of the members of the bench and no member is disqualified for one reason or other: (b) The subject matter of the case is within its jurisdiction, and there is no feature in the case which prevents the Court from exercising its jurisdiction; and (c) The case comes before a Court initiated by due process of law, and upon fulfillment of any condition precedent to the exercise of jurisdiction. (Emphasis supplied).

To further appreciate this discourse, it is quite pertinent to examine these factors.

To be continued...

THOUGHT FOR THE WEEK

“Could we forbear dispute, and practise love, we should agree as angels do above”. (Edmund Waller).

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Opinion

Give What, to Gain What? Reflections on the 2026 International Women’s Day Theme

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By Oyinkansola Badejo-Okusanya

At first glance, the theme of this year’s International Women’s Day celebration sounded a little odd to me.

Last year’s theme, Accelerate Action, was clear enough. You read it and immediately understood it as a call to move faster, push harder, do more, close the gaps. It was energetic, direct and unambiguous.

But “Give To Gain”? Give what? To whom? And to gain what, precisely? How is giving a pathway to gender equity? In the legal profession, and in leadership generally, we are trained to think in terms of advantage. What do I gain? What do I secure? What do I protect? But the more I reflected, the more I realised that perhaps that reflection was the point. Because my reflection took me to some of the most defining moments in my professional journey, and they did not come from what I took. They came from what someone chose to give.

A colleague who gave me insights instead of indifference, a leader who gave me visibility in a room where my voice would have been overlooked, a mentor who gave me honest feedback when flattery or a comfortable silence would have been easier.

None of those acts diminished them. They did not lose relevance, influence, or authority. If anything, their giving expanded their impact. Sometimes, some of us act as though giving someone else room to rise somehow shrinks our own space. But leadership does not weaken when it is shared wisely. It deepens.

That is the quiet power behind “Give To Gain”, and the paradox at the heart of this year’s theme. “Give To Gain” is not a call to diminish ourselves. It is a call to invest in one another because when we give from strength, we gain strength. So give respect.
give access. Give honest evaluation. Give opportunity without prejudice. And you will gain trust, loyalty and potential. Give mentorship and gain contunuity, give equal footing and gain the full measure of talent available. That kind of giving multiplies gain.

So perhaps the theme is not so odd after all. In a world that often asks, “What do I stand to lose?” this year’s International Women’s Day asks instead, “What could we stand to gain, if we were all willing to give?”

In the context of gender equity, the theme becomes even more compelling. Giving equal footing is not about doing women a favour; it is about acknowledging merit. When barriers fall, capacity rises to the surface. When access expands, talent flourishes. When women thrive professionally, institutions gain.

Against this backdrop, I began to think about the remarkable women who embodied this principle long before it became a theme. Women who gave intellectual rigour to complex situations and gained distinction. Women who gave courage and resilience in the face of resistance or in rooms where they were the only one, and gained respect. Women who gave mentorship to younger women and gained a legacy that cannot be erased.

Women who gave integrity to public service and the private sector and gained trust and admiration that cannot be manufactured.
Women whose boldness did not ask for permission to contribute. They did not lower their standards to fit expectations.

They gave of their intellect, their discipline, their time and their resilience, and in doing so they expanded the space for others. That is the spirit I want to honour this IWD month.

Beginning tomorrow, on International Women’s Day and continuing through all the remaining days of March, I will be celebrating a female icon who exemplifies this principle. Women who have given and gained. Each day, one story. One journey.

One example of boldness in action. Not to romanticise their journeys or suggest that their paths were easy, but to illuminate them and show what is possible when you dare to try.

Each profile will tell a story of contribution and consequence, of how giving strengthens, and how excellence, when sustained with integrity, inevitably earns its place.

My hope is that other women will read these stories and recognise themselves in them. That men also will read them and see leadership, not limitation. And that we will all be reminded that progress is rarely accidental. It is built, often quietly, by those willing to give more than is required.

If this year’s theme “Give To Gain” means anything to me, it means that we must intentionally amplify the inspiring examples that prove what is possible when women are bold.

Because inspiration and visibility are forms of giving. And sometimes, the simple act of telling a story is the spark that lights ambition in someone who was unsure where or whether she belonged.

This March, I choose to give inspiration and visibility and honour where it is so richly deserved.

And I trust that in doing so, we will gain a stronger world, a clearer sense of direction and possibility and another generation of women bold enough to step forward without apology.

Now the theme no longer seems strange. Now I understand that when we give boldly, we gain collectively. And that is a theme worth celebrating.

Oyinkansola Badejo-Okusanya, SAN FCIArb

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Opinion

Beyond the Vision: The Alchemy of Turning Ideas into Execution

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By Tolulope A. Adegoke PhD

History is littered with the skeletons of great ideas that never saw the light of day. In boardrooms and basements across the world, concepts with the power to reshape industries lie dormant, suffocated not by a lack of merit, but by a lack of execution. We live in an era that venerates the “light bulb moment,” yet the painful truth, as articulated by venture capitalists and historians alike, is that ideas are a dime a dozen; it is execution that is richly rewarded . The journey from the spark of imagination to the tangible reality of a finished product, a profitable corporation, or a thriving nation is an alchemical process. It requires the transformation of abstract thought into concrete action—a discipline that separates the dreamer from the builder. This evolution of an idea into reality is not a mystical event but a replicable process, best understood through the distinct exemplars of visionary individuals, resilient corporations, and transformative nations.

The Individual: The “Thinker-Doer” Synthesis

The romantic notion of the genius lost in thought, sketching blueprints while others do the heavy lifting, is a seductive myth. The reality, as demonstrated by history’s most impactful figures, is that the major thinkers are almost always the doers. Steve Jobs, a figure synonymous with innovation, famously articulated this principle by invoking the ultimate Renaissance man, Leonardo da Vinci. Jobs argued that the greatest innovators are “both the thinker and doer in one person,” pointing out that da Vinci did not have a separate artisan mixing his paints or executing his canvases; he was the artist and the craftsman, immersing himself in the physicality of his work . For Jobs, this synthesis was the guiding doctrine of Apple. He understood that abstract ideation is sterile without the feedback loop of hands-on mastery. The refinement of the Mac’s typography, the feel of a perfectly weighted mouse, the intuitive interface of the iPhone—these were not born from pure theory but from an obsessive, tactile engagement with the building process. The “doer” digs into the hard intellectual problems precisely because they are engaged in the act of creation.

This principle is further illuminated by the career of Elon Musk. While often perceived as a master inventor, Musk’s greatest genius may lie in his ability to execute existing ideas at a scale and speed previously thought impossible. He was not a founder of Tesla on day one, but he stepped in to spearhead its execution, transforming an electric vehicle concept into a global automotive powerhouse. At SpaceX, he inherited the age-old idea of space travel but revolutionized its execution by challenging fundamental cost structures and vertically integrating manufacturing. Musk embodies the “thinker-doer” by immersing himself in the engineering details, sleeping on the factory floor, and distilling complex challenges down to their fundamental physics. Both Jobs and Musk validate the venture capital adage that investment is placed not in ideas, but in the people capable of navigating the treacherous path from Point B to Point Z—the messy, unglamorous grind where visions are either realized or abandoned.

“In the architecture of achievement, ideas are merely the blueprints; execution is the foundation, the steel, and the mortar. A blueprint without a builder is just a dream drawn on paper” – Tolulope A. Adegoke, PhD

The Corporation: Engineering the Culture of Execution

For corporations, the evolution of an idea into reality is not a one-time event but a cultural imperative. It demands a structure and a philosophy that bridges the notorious gap between strategy and outcome. Procter & Gamble (P&G), a consumer goods giant, provides a master-class in adapting its execution model to survive and thrive. Despite investing billions in internal research and development, P&G recognized that its traditional closed-door approach was failing to meet innovation targets. The company evolved its idea-generation process by embracing “Connect + Develop,” opening its innovation pipeline to external inventors, suppliers, and even competitors. This shift in mindset was merely the idea; the reality was the rigorous, internal execution that vetted, integrated, and scaled those external concepts—like the Mr. Clean Magic Eraser, which was discovered as a prototype in Japan and flawlessly executed by P&G’s operational machine. The company’s success hinges on what researchers call “imaginative integrity”—the ability to make an imagined future so tangible that the entire organization can build toward it.

Similarly, UPS stands as a testament to the power of “creative dissatisfaction.” For over a century, UPS has operated not on bursts of pure invention, but on the relentless engineering and re-engineering of its systems. Founder Jim Casey instilled a culture where the status quo was perpetually questioned—from testing monorail-based sort systems to optimizing delivery routes with algorithmic precision. The idea was not merely to deliver packages, but to create the pinnacle of logistical efficiency. The execution involved tens of thousands of employees “pulling together” to transform the organization repeatedly, embracing changes that ranged from entering the common carrier business in the 1950s to mastering e-commerce logistics in the 1990s. These companies succeed because they build what management experts call the “five bridges” to execution: the ability to manage change, a supportive structure, employee involvement, aligned leadership, and cross-company cooperation. At Costco, this is embodied by CEO James Sinegal, whose Spartan office and relentless focus on in-store details align leadership behavior with the company’s razor-thin margin strategy, proving that execution is modeled from the top down.

The Nation: The Political Economy of Progress

The evolution of ideas into reality scales beyond individuals and firms to the very level of nations. The economic trajectories of countries are determined by their ability to adapt foreign concepts and execute them within local contexts. The post-war rise of Japan is perhaps the most powerful example of this phenomenon. In the early 20th century, Japan was exposed to American ideas of scientific management, but the devastation of World War II left its industrial base in ruins. The idea that saved Japan was quality control, imported through lectures from American scholars W. Edwards Deming and Joseph Juran. The genius of Japan, however, was not in the adoption of the idea, but in its adaptation. Private organizations like the Union of Japanese Scientists and Engineers (JUSE) took the lead, transforming foreign theories into the uniquely Japanese practice of Total Quality Management (TQM) and the grassroots phenomenon of Quality Control circles. This was not government-mandated execution; it was a national movement of “thinker-doers” on the factory floor, relentlessly refining processes. The evolution of this idea rebuilt a nation, turning “Made in Japan” from a byword for cheap goods into a global standard for reliability.

In contrast, Singapore represents a different model of national execution: the state as a strategic architect. Upon independence, Singapore possessed few natural resources and a uncertain future. The government, however, possessed a clear-eyed vision of industrial development. It actively sought external assistance from the United Nations and Japan, but crucially, the Singaporean authorities acted as the “agent of adaptation” . They did not passively accept advice; they made decisive judgments about what was relevant to their unique circumstances and demanded specific adaptations. This disciplined, top-down execution of economic strategy—from building world-class infrastructure to enforcing rigorous education standards—evolved the idea of a “sovereign nation” into the reality of a first-world entrepôt. The contrast with nations like Tunisia, where external donors took the lead due to a lack of domestic policy clarity, highlights a fundamental truth: ideas flow freely across borders, but the ability to execute them is a domestic condition, cultivated through leadership and institutional will.

Conclusion: The Integrity of the Build

Ultimately, the evolution of an idea into reality demands what can be termed “imaginative integrity”—the unwavering commitment to binding the vision to the execution. It is a concept that applies equally to the Renaissance painter mixing his own pigments, the CEO sleeping on the factory floor, and the nation-state meticulously adapting foreign technology. The world is full of “crude ideas” that lack the refinement of execution; even a brilliantly designed structure like MIT’s Stata Center can falter if the craftsmanship of its realization is flawed.

The journey from “A to Z” is long, and the gap between strategy and outcome is the graveyard of potential. To traverse it, one must recognize that thinking and doing are not sequential acts but concurrent disciplines. The doers are the major thinkers, for they are the ones who test hypotheses against reality, who adapt to feedback, and who possess the grit to push through the inevitable obstacles. Whether it is a nation reshaping its economy, a corporation reinventing its logistics, or an individual defying the limits of technology, the lesson remains constant: the future belongs not just to those who can dream it, but to those who can build it.

Vision sees the path; execution walks it, blisters and all. The distance between a dream and a legacy is measured only by the courage to begin the work.

History does not remember the whisper of a thought, but the echo of its impact. To think is human, but to execute is to leave a mark on time.

Dr. Tolulope A. Adegoke, AMBP-UN is a globally recognized scholar-practitioner and thought leader at the nexus of security, governance, and strategic leadership. His mission is dedicated to advancing ethical governance, strategic human capital development, and resilient nation-building, and global peace. He can be reached via: tolulopeadegoke01@gmail.comglobalstageimpacts@gmail.com

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Opinion

How an Organist Can Live a More Fulfilling Life

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By Tunde Shosanya

It is essential for an Organist to live a fulfilling life, as organ playing has the capacity to profoundly and uniquely impact individuals. There is nothing inappropriate about an Organist building their own home, nor is it unlawful for an Organist to have a personal vehicle. As Organists, we must take control of our own futures; once again, while our certificates hold value, organ playing requires our expertise. We should not limit ourselves to what we think we can accomplish; rather, we should chase our dreams as far as our minds permit. Always keep in mind, if you have faith in yourself, you can achieve success.

There are numerous ways for Organists to live a more fulfilling and joyful life; here are several suggestions:

Focus on your passion. Set an example, and aim for daily improvement.

Be self-reliant and cultivate harmony with your vicar.

Speak less and commit to thinking and acting more.

Make choices that bring you happiness, and maintain discipline in your professional endeavors.

Help others and establish achievable goals for yourself.

Chase your dreams and persist without giving up.

“Playing as an Organist in a Church is a gratifying experience; while a good Organist possesses a certificate, it is the skills in organ playing that truly matter” -Shosanya 2020

Here are 10 essential practices for dedicated Organists…

1) Listen to and analyze organ scores.

2) Achieve proficiency in sight reading.

3) Explore the biographies of renowned Organists and Composers.

4) Attend live concerts.

5) Record your performances and be open to feedback.

6) Improve your time management skills.

7) Focus on overcoming your weaknesses.

8) Engage in discussions about music with fellow musicians.

9) Study the history of music and the various styles of organ playing from different Organists.

10) Take breaks when you feel fatigued. Your well-being is vital and takes precedence over organ playing.

In conclusion, as an Organist, if you aspire to live towards a more fulfilling life in service and during retirement, consider the following suggestions.

1) Plan for the future that remains unseen by investing wisely.

2) Prioritize your health and well-being.

3) Aim to save a minimum of 20 percent of your monthly salary.

4) Maintain your documents in an organized manner for future reference.

5) Contribute to your pension account on a monthly basis.

6) Join a cooperative at your workplace.

7) Ensure your life while you are in service.

8) If feasible, purchase at least one plot of land.

9) Steer clear of accumulating debt as you approach retirement.

10) Foster connections among your peers.

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