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The Oracle: Disputes Between States and the Federation: Examining the Jurisdiction of the Supreme Court (Pt. 2)

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By Mike Ozekhome

INTRODUCTION

The first part of this piece was foundational: it discussed the import and legal bases of jurisdiction as an incident of judicial power; how it is determined and the highest institutional source of its expression – the Supreme Court. We analysed the composition of the court and factors which affect its jurisdiction.

In this piece, we go deeper into the constitution of the apex court in terms of its membership and how it impinges on its jurisdiction. We then move on to a discussion of how the subject matter of a case determines a court’s jurisdiction and the conditions precedent to assumption of jurisdiction by a court.

We then dwell, in ever greater detail, with the constitution of the apex court, before going on to define ‘controversy’ and ‘dispute’; the latter, first generally, before concluding with its meaning for the purpose of invoking its original jurisdiction. Enjoy.

THE CONSTITUTION OF A COURT AND THE QUALIFICATION OF ITS MEMBERS

MEMBERSHIP JURISDICTION

Where a court is not duly constituted as to the number and qualification of the judges or justices to sit in adjudication over a matter, the court is robbed of jurisdiction to adjudicate on that matter. For instance, the number of Justices required to sit at the Supreme Court to hear a case to hear a case that borders on its original jurisdiction is seven (7). Thus, where five (5) Justices sit and adjudicate over a matter, the court will clearly be without jurisdiction due to improper constitution. Again, assuming a seven-man panel sits on the matter and one of the Justices is only thirteen (13) years post-call at the Bar, the entire panel is disqualified and any exercise it carries out  will fail, as no amount of beauty in its adjudication can save it.

SUBJECT MATTER JURISDICTION

For a court to assume jurisdiction, the subject matter must be within its jurisdiction. The Constitution or statute that creates the court prescribes the subject matter to be adjudicated upon. Consequently, where a matter falls within the subject matter of a court, the court is said to have a subject matter or substantive jurisdiction; but where it falls outside the subject matter, the court is said not to have jurisdiction. Any exercise thereto in such a case shall be rendered in futility, as its decision shall be quashed on appeal. For instance, a dispute between two States, or between a State and the Federation is within the subject matter of the Supreme Court’s original jurisdiction. Consequently, where a Supreme Court that involve parties other than these, any exercise thereto shall be rendered in futility, and any decision emanating from it shall also be quashed. The scenario plays, out where a dispute which involves parties, over before which the apex court has jurisdiction is filed before any other court.

CONDITIONS PRECEDENT TO ASSUMPTION OF JURISDICTION

For a court to properly assume jurisdiction, “due process” must have been followed in initiating the same. However, we must bear in mind that there could be a mere unsubstantial technicality that does not affect the competence of the court, and a substantial technicality which affects the competence of the action and robs the court of its jurisdiction. In the case of CITY ENG. (NIG) LTD V. NAA,the court held that there is a distinction between mere or unsubstantial technicality in proceedings that are competent and within the jurisdiction of a trial court, and a substantial technicality which amounts to a condition precedent to the commencement of an action and which renders the proceedings incompetent and manifestly or incurably defective. Interestingly, while the former may be waived, the latter, as a general rule, may not be waived because acquiescence does not and cannot confer jurisdiction to a court. For instance, while a procedural rule of courts may be waived where it does not occasion a miscarriage of justice, statutory provisions containing condition precedent to the commencement of an action cannot be so waived.

To further appreciate this position, some examples of conditions precedent which, if not complied with, may render proceedings incompetent and rob the court of jurisdiction are, amongst others, as follows:

 

  1. Giving Pre-action Notice
  2. Limitation Act
  3. Where there is no service of the court process
  4. Locus Standi
  5. Geographical Territory
  6. Financial Limit.

THE JURISDICTION OF THE SUPREME COURT OF NIGERIA

The Jurisdiction of the Supreme Court of Nigeria is provided in Section 232 of the Constitution and the Supreme Court (Additional Original Jurisdiction) Act, 2002. The jurisdiction may original/exclusive, appellate or supervisory. However, this discourse focuses on the original/exclusive jurisdiction of the Supreme Court, and the same is limited only to disputes between States and the Federation. For purposes of clarity, it is necessary to reproduce the provisions of the law – verbatim ad literatim.

Section 232 (1) of the 1999 Constitution, as amended provides thus:

“The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a State or between States if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

(2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of the National Assembly. Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter.”

 In A.G. OF THE FEDERATION V. A.G, OF ABIA STATE & 35 ORS, Belgore, J.S.C (rtd); examined the provisions of Section 232(1) of the 1999 Constitution and held that:

  1. The sub-section presupposes that there must a dispute either between the Federation and States or between States; and

 

  1. The disputes must pertain to the existence of a legal right or its extent; it must also relate to a question of law or a fact or both.

Section (1) and (2) of the Supreme Court (Additional Original Jurisdiction) Act, 2002, provides thus:

  • “In addition to the jurisdiction conferred upon the Supreme Court of Nigeria by section 232 (1) of the 1999 Constitution, the Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between–
  • the National Assembly and the President;
  • the National Assembly and any State House of Assembly; and
  • the National Assembly and the State of the Federation,

In so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends.

  • Nothing in this Act shall be construed as conferring original jurisdiction upon the Supreme Court with respect to any criminal matter.”

DEFINITION OF TERMS

“DISPUTE”

This takes us to the meaning of “dispute” generally. The word “dispute” is not defined in our Constitution. However, the Courts have had cause to pronounce on its meaning. In Webster’s New Twentieth Century Dictionary (unabridged); the term “dispute” is defined as being synonymous with controversy. It defines it as “an attempt to prove and maintain one’s own opinions, argument or claims of another, controversy in words.” The Black’s Law Dictionary, (5th Edition), define ‘dispute’ as: “A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim or demand on one side, met by contrary claims or allegation on the other. The subject of litigation is the matter for which a suit is brought and upon which issue is joined…”

“CONTROVERSY”

A dispute under Section 232(1) of the Constitution (the section dealing with the original jurisdiction of the Supreme Court) must be one that is appropriate for judicial determination. It includes suits of civil nature and must raise an issue or question (whether of law or fact) on which the existence or extent of a legal right depends. It must be real and substantial. It must be definite and concrete. The word “controversy” was considered in the case of AETNA LIFE INSURANCE COMPANY OF HARTFORD, CONN V HARWORTH.  In that case, Chief Justice Hughes said: “a controversy in this sense must be one that is appropriate for judicial determination. A justiciable controversy is thus distinguished from a difference or dispute of a hypothetical or abstract character, from one that is academic or moot. … It must be a real and substantial controversy admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.”

In A.G. OF THE FEDERATION V. A.G, OF ABIA STATE & 35 ORS, the word ‘dispute’ was defined by my Lord S.M.A. Belgore, J.S.C., C.J.N. (as he then was), as follows: “To my mind, a dispute involves acts of argument, controversy, debate, claims as to rights, whether in law or fact, varying opinions, whether passive or violent or any disagreement that can lead to public anxiety or disquiet. I will not close the category of disputes.” A dispute is a conflict of claims or rights or demands on one side met by contrary allegations on the other side.

“DISPUTE” FOR THE PURPOSE OF INVOKING THE ORIGINAL JURISDICTION OF THE SUPREME COURT

In A.G ABIA v. A.G FEDERATION, Tabai, J.S.C. held thus: “With respect to the construction given to the word “dispute”, the opinion of the Court (Per Belgore, J.S.C. as he then was) is quite apposite in determining the issue of this Court’s jurisdiction in this case. On page 701 he said of “dispute” thus: ‘…A dispute is a dispute whether apparent or lingering. It is remarkable that in the counter-claims to the suit some States have admitted there is a dispute. This Court in Attorney- General of Bendel State V. Attorney-General of The Federation; Attorney-General of The Federation V. Attorney-General of Imo State, set out clearly what is a dispute to the extent of using authoritative English dictionary. To my mind, a dispute involves acts of arguments, controversy, debate, and claims as to rights whether in law or fact, varying opinions, whether passive or violent or any disagreement that can lead to public anxiety or disquiet.’”

The same Belgore, J.S.C. (as he then was) had earlier in A.G, OF THE FEDERATION v. A.G OF ABIA STATE, & 35 ORS held, inter alia, that the term dispute as used in section 232(1) of the 1999 Constitution “…Involves acts of arguments, controversy, debate, claims as to rights whether in law or fact, varying opinions, whether passive or violent or any disagreement that can lead to public anxiety or disquiet.”

To be continued…

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Opinion

Nation Building Reimagined: Integrated Principles and Strategies for Sustainable Growth

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By Tolulope A. Adegoke, PhD

“True nation building is not the work of the state alone, but a harmonious convergence where empowered peoples provide the foundation, innovative corporates generate the momentum, and visionary institutions ensure direction — together forging sustainable prosperity, social cohesion, and enduring national strength for current and future generations” – Tolulope A. Adegoke, PhD

Nation building is a deliberate and continuous process of constructing cohesive, resilient, and prosperous societies capable of realising their full potential. It extends far beyond political structures or state institutions to encompass three interdependent spheres: peoples (individuals and communities), corporates (businesses and private-sector organisations), and nations (governance institutions and the state). When these spheres are strategically aligned through sound principles and practical strategies, they generate all-round exploits — inclusive economic growth, social cohesion, innovation, human flourishing, and global competitiveness.

This comprehensive framework offers actionable guidance for sustaining productive and progressive development. It is grounded in universal principles validated by international development experience, economic history, and governance studies, making it relevant for scholars, policymakers, business leaders, and development practitioners worldwide.

Foundational Principles of Effective Nation Building

Successful nation building rests on six core principles that transcend cultural, geographical, and ideological differences:

Inclusive Human Dignity and Agency — Recognising every citizen as both beneficiary and active architect of national progress through equal opportunity and rights protection.
Institutional Integrity and Rule of Law — Building transparent, accountable institutions that foster trust and predictability.
Economic Dynamism and Shared Prosperity — Promoting broad-based growth that benefits individuals, businesses, and the state simultaneously.
Social Cohesion and Cultural Resilience — Forging unity while respecting diversity to create a shared national identity and purpose.
Adaptive Leadership and Long-Term Vision — Combining strategic foresight with the flexibility to learn and adjust.
Sustainable Resource Stewardship — Balancing present needs with intergenerational equity in environmental and fiscal matters.
These principles provide a universal compass for development, as evidenced by cross-national data from the World Bank’s Worldwide Governance Indicators and the UNDP Human Development Reports.

 

Core Strategies Across the Three Spheres

For Peoples (Individuals and Communities): Nation building begins with empowering citizens. Key strategies include universal access to quality education and skills development, robust health and social protection systems, community-driven development programmes, and targeted initiatives for youth and women empowerment. These efforts enhance social mobility, reduce vulnerability, and foster active civic participation.

For Corporates (Businesses and Private Sector): Corporates serve as the primary engine of wealth creation and innovation. Effective strategies involve creating an enabling business environment, promoting public-private partnerships, enforcing strong corporate governance and ethical standards, and implementing talent development and local content policies. When supported appropriately, the private sector generates jobs, technological advancement, and tax revenues that fuel broader development.

For Nations (State Institutions and Governance): The state provides the overarching framework for progress. Strategies include institutional reform and capacity building, decentralisation for better responsiveness, evidence-based policy making, and strategic regional and global integration. Strong institutions ensure equitable rules, policy continuity, and effective service delivery.

Sustaining Progressive Growth in Nigeria

In Nigeria, this integrated framework offers a practical pathway to convert demographic and natural endowments into sustained prosperity. At the peoples’ level, investments in education, health, and skills development can transform the large youth population into a productive demographic dividend. For corporates, policy predictability, infrastructure development, and public-private partnerships can drive diversification beyond oil into agriculture, manufacturing, and digital services. At the national level, institutional reforms, anti-corruption measures, and evidence-based governance would reduce policy inconsistency and enhance public trust.

When these elements reinforce one another, Nigeria can achieve higher productivity, reduced poverty, greater social cohesion, and improved global competitiveness — creating a virtuous cycle of inclusive growth.

Advancing Development in West Africa

Within the ECOWAS region, the framework supports deeper integration and collective resilience. Strategies for social cohesion help address cross-border challenges such as irregular migration, climate impacts, and youth unemployment. Corporate-focused approaches encourage intra-regional trade and industrialisation through harmonised policies and stronger value chains. Institutional strategies promote policy coordination, joint humanitarian response, and shared security mechanisms.

By applying this model, West African countries can move from fragmented national efforts toward coordinated regional progress, enhancing food security, energy access, and economic competitiveness while building resilience against external shocks.

Driving Continental Transformation in Africa

Across Africa, the principles and strategies align closely with the African Union’s Agenda 2063 and the African Continental Free Trade Area (AfCFTA). Sustainable resource stewardship helps convert natural wealth into long-term human and infrastructure investments. The corporate strategies support regional value chains and industrialisation, while institutional reforms strengthen governance and reduce trade barriers.

When implemented continent-wide, this approach fosters inclusive industrialisation, technological advancement, and reduced external dependency — positioning Africa as a major driver of global growth in the 21st century.

Global Relevance and Contribution

On the global stage, the framework provides timely lessons for both developed and developing nations navigating technological disruption, climate change, and rising inequality. The emphasis on shared prosperity and social cohesion offers pathways to mitigate polarisation. The integration of corporates as development partners demonstrates how private-sector innovation can serve public goals. Institutional strategies of adaptive leadership and evidence-based policy making are universally applicable in managing complex transnational challenges.

Nations adopting this model contribute to global stability by reducing conflict drivers, enhancing food and energy security, and participating constructively in multilateral systems. In this way, the framework supports the United Nations Sustainable Development Goals and helps build a more equitable and resilient world order.

Conclusion: A Practical Pathway to Enduring Progress

The principles and strategies of nation building presented here constitute a balanced, interconnected discipline capable of sustaining productive and progressive growth across multiple scales. For Nigeria, they chart a course from potential to performance. For West Africa, they strengthen regional solidarity. For Africa, they accelerate continental transformation. And for the global community, they offer practical wisdom for building fairer, more stable societies.

True nation building succeeds when peoples, corporates, and state institutions reinforce one another in a virtuous cycle. Its greatest strength lies in this holistic integration — recognising that sustainable development requires empowered citizens, innovative enterprises, and effective governance working in harmony.

In an increasingly interdependent world, embracing these principles with consistency, courage, and collective ownership is not merely beneficial but essential. Nations and regions that do so will unlock enduring prosperity, resilience, and a respected place in the global community. The framework provides both the vision and the practical tools needed to turn potential into lasting achievement for current and future generations.

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.com, globalstageimpacts@gmail.com

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Opinion

Dear CDS, NSA, Your Prodigal Sons, Brothers Have Killed General Braimah

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By Eric Elezuo

Almost five months since the yet to be explained killing of Brigadier General Musa Uba, another high ranking military officer, another Brigadier General, has been unlived. He was Brigadier General Oseni Omo Braimah, Commander of 29 Task Force Brigade Operation Hadin Kai, Maiduguri Borno State.

The sadness that followed the brutal killing of the Brigade Commander, can almost be touched, dear Nigerians, with special reference to the National Security Adviser, Mallam Nuhu Ribadu, and his counterpart, the Chief of Defense Staff, General Olufemi Oluyede. These men, have at separate fora concassed for the kid gloves handling of terrorism activities, and terrorists.

Ribadu, it was, that asked that they be rehabilitated as they are ‘our brothers. Oluyede echoed the stand, saying the terrorists was equated to the biblical prodigal son, and therefore should be received with open hands. This he said to justify his latest ‘Operation Safe Corridor’, designed to welcome ‘repentant’ terrorists and bandits, and have them reintegrated into the society.

It is still these touted same brothers, and prodigal sons that overran a military base in Benisheikh, reportedly killing 18 soldiers including the Brigadier General. According to the Army, however, the number of deaths was overhyped, claiming that only two officers and two other soldiers were killed in the battle they said the military had the upper hand, and auccessfully repelled the assailants and maintained their positions.

Much as the military agreed that they lost four soldiers, they have failed to produce casualties, or even speak on the number, from the terrorists side, in a battle they said they had the upper hand. It’s still had to believe, only that the prodigal sons and brothers snuffed the life of a general, and according to reports, he was caught like a sitting duck.

The prodigal sons with the ‘brothers’ did not stop there; they proceeded to kill Forest Guard Commander and five others in Kwara, just as they mercilessly hacked to death eight members of the same family in Bokkos, Plateau. The list is endless. Of prodigal sons and brothers. Thanks to the NSA and the CDS.

Someone once said that that the only mercy a terrorist or bandit deserve is the mercy of God. And it is the duties of the authority to send them to God for such mercy.

Why do we keep handling merciless killers with kid gloves, and turn around to call them sons and brothers. They in turn, are only looking for opportunity to strike again.

These people have gone from being brothers to becoming animals, very dangerous and ugly beasts that have lost the capacity to show, and so should not be shown any mercy caught.

Dear NSA and CDS, you muat understand that these people have been extremely radicalised, and can no longer fit into the society of sane beings, and therefore, should be put away permanently. We can’t continue to safe corridor to experiment with the lives of Nigerians. No bandit or terrorist is worth rehabilitating, talk less of being integrated into the military. Whoever does that is complicit, and should be treated as an enemy of the Nigerian state.

The NSA and the CDS should begin now to revisit everyone they have ever pardoned or reintegrated into the society for they are part of our problem. They are culpable.

General Uba died saraa, as we say in our local parlance. We should let Braimah die saraa. We must not allow this irresponsibility happen again. I’m not borrowing any words from the president because all his words appear empty, while Nigerians continue in droves, even when the country is not really at war.

Time to jettison this brother, cousin, prodigal son rubbish, and deal decisively with terrorists and bandits.

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Opinion

Ovation @30: A Triumph of Vision, Courage and African Excellence

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By Dr. Sani Sa’idu Baba

There is an African proverb that says, “However long the night, the dawn will surely break.” No story embody this truth more powerfully than that of Chief Dele Momodu and the remarkable rise of Ovation International. Founded in April, 1996 at the height of the Sani Abacha regime, Ovation was born not out of comfort, but from adversity. In forced exile in London, faced with uncertainty and hardship, Momodu chose not to surrender to circumstance but to challenge it, daring to create a global lifestyle magazine at a time when Africa’s image was largely defined by negativity.

From that improbable beginning emerged a publication that would go on to redefine how Africa is seen by the world. Ovation introduced a different narrative, one of elegance, achievement, culture, and pride, documenting African success stories with unmatched consistency. At a time when global media often overlooked the continent’s brilliance, Ovation boldly projected it, celebrating milestones, personalities, and cultures across Africa and its diaspora. It became a powerful cultural bridge, connecting cities and continents while showcasing an Africa that is vibrant, accomplished, and globally relevant.

Over the past three decades, Ovation has not merely reported stories, it has shaped destinies and elevated generations. It has provided a platform for emerging talents in entertainment, business, and public life, often spotlighting individuals long before they attained global recognition. Its influence extended beyond storytelling into economic and social impact, creating employment for thousands across journalism, photography, real estate, design, and event production, while also setting new standards in lifestyle media, enterprenership and event documentation. Long before the rise of digital platforms, Ovation was already global, distributing African excellence to audiences around the world and strengthening the connection between Africa and its diaspora.

Through changing times and technological revolutions, Ovation International has remained consistent in quality, bold in vision, and authentic in purpose. Its ability to evolve without losing its identity is a testament to its strength as not just a magazine, but an enduring institution. Today, as it marks 30 years of impact, it stands as one of Africa’s most influential media platforms, one that has significantly contributed to reshaping global perception and asserting Africa’s place in the world.

This milestone is a celebration of resilience, vision, and legacy. It is a tribute to the pride of Africa Chief Dele Momodu, whose courage transformed hardship into history, and whose dream once considered unrealistic became a continental force. It is also a celebration of the entire Ovation family, whose dedication over the years has sustained and expanded this vision. Thirty years on, Ovation is not just a witness to Africa’s story, it is one of its most powerful storytellers.

A big thank you to Chief Dele Momodu for proving long ago that Africa is not synonymous with bad news, and congratulations on three decades of excellence proof that when the dawn finally comes, it can illuminate the world.

Dr. Sani Sa’idu Baba writes from Kano, and can be reached via drssbaba@yahoo.com

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