Opinion

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

Published

2 years ago

September 29, 2023

Eric

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:

Giving Pre-action Notice
Limitation Act
Where there is no service of the court process
Locus Standi
Geographical Territory
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:

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

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, (5^th 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…

Opinion

Book Review: Against the Odds by Dozy Mmobuosi

Published

2 days ago

December 4, 2025

Eric

By Sola Ojewusi

Against the Odds is an ambitious, deeply personal, and unflinchingly honest memoir that traces the remarkable rise of Dozy Mmobuosi, one of Nigeria’s most dynamic and controversial entrepreneurs. In this sweeping narrative, Mmobuosi reveals not just the public milestones of his career, but the intimate struggles, internal battles, and defining moments that shaped his identity and worldview.

The book is both a personal testimony and a broader commentary on leadership, innovation, and Africa’s future—and it succeeds in balancing these worlds with surprising emotional clarity.

A Candid Portrait of Beginnings

Mmobuosi’s story begins in the bustling, unpredictable ecosystem of Lagos, where early challenges served as the furnace that forged his ambitions. The memoir details the circumstances of his upbringing, the value systems passed down from family, and the early encounters that sparked his desire to build solutions at scale.

These foundational chapters do important work: they humanize the protagonist. Readers meet a young Dozy not as a business figurehead, but as a Nigerian navigating complex social, financial, and personal realities—realities that millions of Africans will find familiar.

The Making of an Entrepreneur

As the narrative progresses, the memoir transitions into the defining phase of Mmobuosi’s business evolution. Here, he walks readers through the origins of his earliest ventures and the relentless curiosity that led him to operate across multiple industries—fintech, agri-tech, telecoms, AI, healthcare, consumer goods, and beyond.

What is striking is the pattern of calculated risk-taking. Mmobuosi positions himself as someone unafraid to venture into uncharted territory, even when the cost of failure is steep. His explanations offer readers valuable insights into:
• market intuition
• the psychology of entrepreneurship
• the sacrifices required to build at scale
• the emotional and operational toll of high-growth ventures

These passages make the book not only readable but instructive—especially for emerging

African entrepreneurs.

Triumphs, Crises, and Public Scrutiny
One of the book’s most compelling strengths is its willingness to confront controversy head-on.

Mmobuosi addresses periods of intense scrutiny, institutional pressure, and personal trials.

Instead of glossing over these chapters, he uses them to illustrate the complexities of building businesses in emerging markets and navigating public perception.

The tone is reflective rather than defensive, inviting readers to consider the thin line between innovation and misunderstanding in environments where the rules are still being written.

This vulnerability is where the memoir finds its emotional resonance.

A Vision for Africa

Beyond personal history, Against the Odds expands into a passionate manifesto for African transformation. Mmobuosi articulates a vision of a continent whose young population, natural resources, and intellectual capital position it not as a follower, but a potential leader in global innovation.

He challenges outdated narratives about Africa’s dependency, instead advocating for
homegrown technology, supply chain sovereignty, inclusive economic systems, and investment in human capital.

For development strategists, policymakers, and visionaries, these sections elevate the work from memoir to thought leadership.

The Writing: Accessible, Engaging, and Purposeful

Stylistically, the memoir is direct and approachable. Mmobuosi writes with clarity and intention, blending storytelling with reflection in a way that keeps the momentum steady. The pacing is effective: the book moves seamlessly from personal anecdotes to business lessons, from introspection to bold declarations.

Despite its business-heavy subject matter, the prose remains accessible to everyday readers.

The emotional honesty, in particular, will appeal to those who appreciate memoirs that feel lived rather than curated.

Why This Book Matters

Against the Odds arrives at a critical moment for Africa’s socioeconomic trajectory. As global attention shifts toward African innovation, the need for authentic narratives from those building within the system becomes essential.

Mmobuosi’s memoir offers:
• a case study in resilience
• an insider’s perspective on entrepreneurship in frontier markets
• a meditation on reputation, legacy, and leadership
• a rallying cry for African ambition

For readers like Sola Ojewusi, whose work intersects with media, policy, leadership, and social development, this book offers profound insight into the human stories driving Africa’s new generation of builders.

Final Verdict

Against the Odds is more than a success story—it is a layered, introspective, and timely work that captures the pressures and possibilities of modern African enterprise. It challenges stereotypes, raises important questions about leadership and impact, and ultimately delivers a narrative of persistence that audiences across the world will find relatable.

It is an essential read for anyone interested in the future of African innovation, the personal realities behind public leadership, and the enduring power of vision and resilience

Opinion

Redefining Self-leadership: Henry Ukazu As a Model

Published

3 days ago

December 3, 2025

Eric

By Abdulakeem Sodeeq SULYMAN

In a world filled with talents and unique gifts, nurturing oneself for an impact-filled living becomes one of the potent metrics for assuming how one’s life would unfold – either in the nearest or far future. I am sure the question you may be curious to ask is ‘what is the important quality that has shaped the life of every individual who has unleashed their ingenuity?’ Apparently, our society is filled with numerous people, who missed the track of their life. Their iniquity is boiled down to one thing – failure to lead oneself.

Realising how important it is to be your own leader has been the springboard for every transformative life. Notably, this also becomes the premise for appreciating and celebrating Henry Ukazu for setting the pace and modeling self-leadership in this era, where self-leadership is under-appreciated by our people. Self-leadership itself engineers purposeful and impactful living, turning individuals to sources of hope to others.

This is exactly what Henry Ukazu symbolises. The name Henry Ukazu is akin to many great things such as ‘Unleashing One’s Destiny,’ ‘Finding One’s Purpose’ and ‘Triumphant Living.’ Regardless of the impression one have formed about Henry Ukazu, one thing you cannot deny is his ability to be pure to nature and committed to his cause. Henry Ukazu is one of the rare people who still believed in the values of the human worth and has committed every penny of his to ensure that every human deserves to live the best life.

The trajectory of Henry Ukazu’s life is convincing enough to be choosing as an icon by anyone who chooses to climb the ladder of self-leadership. Oftentimes, Henry Ukazu always narrate how he faced the storms of life when birthing his purpose. He takes honour in his struggles, knowing full well that every stumbling blocks life throws at him helped in building himself. If not for self-leadership, he will not found honours in his struggles, let alone challenging himself to be an example of purposeful living to others.

Without mincing words, Henry Ukazu’s life has been blessed with the presence of many people, with some filling his life with disappointments, while some blessing him with immeasurable transformations. Surprisingly, Henry Ukazu has never chosen to be treating people negatively; rather he would only choose the path of honour by avoiding drama and let common sense prevail. That’s one of the height of simplicity!

Dear readers, do you know why today is important for celebrating Henry Ukazu? Today, 3rd December, is his birthday and with all sincerity, Henry Ukazu deserves to be celebrated because he has chosen the noble path, one filled with honours and recognitions for being an icon of inspiration and transformation to the mankind. As Henry Ukazu marks another year today, may the good Lord continue shielding him from all evils and guiding him in right directions, where posterity will feel his role and impacts!

Many happy returns, Sir!

Opinion

The Fault Lines of Power: A Global Leadership Crisis and the Path to Restoration

Published

1 week ago

November 29, 2025

Eric

By Tolulope A. Adegoke, PhD

“Across the world, we are navigating the fault lines of outdated leadership. The future belongs to those who can mend these cracks with the mortar of integrity, the vision of long-term purpose, and the resilience of empowered people” Tolulope A. Adegoke, PhD

Leadership serves as the foundational pillar for any thriving organization, corporation, or nation. It is the critical framework meant to ensure stability, inspire direction, and foster resilience against challenges. Yet, a pervasive and unsettling phenomenon is emerging worldwide: the development of deep fault lines within these very structures of authority. This crisis of confidence spans sectors and continents, from established Western democracies to burgeoning economies in the Global South.

This examination explores these global leadership fissures, with a specific focus on Nigeria’s complex landscape. We will diagnose the universal symptoms, analyze their acute manifestation in the Nigerian context, and ultimately, propose a constructive framework for renewal aimed at individuals, businesses, and governments.

Diagnosing the Global Leadership Decay

The erosion of effective leadership rarely happens overnight. It typically begins with subtle, often ignored fractures that gradually weaken the entire system. These fractures commonly appear as:

The Credibility Chasm: A growing disconnect between a leader’s promises and their tangible actions. When rhetoric of transparency clashes with a reality of opacity, the essential bond of trust is severed.
The Tyranny of the Immediate: An overwhelming focus on short-term gains—be it quarterly earnings or political popularity—that sacrifices long-term strategy and sustainable health. This is the equivalent of building on unstable ground.
Strategic Inertia: In a world defined by rapid change, leaders who cling to outdated, rigid hierarchies render their organizations incapable of adapting, innovating, or surviving future shocks.
The Empathy Void: Leadership that is intellectually or emotionally detached from the realities of its people, employees, or citizens. This breeds disengagement, stifles collaboration, and fuels a silent exodus of talent and goodwill.
The Succession Failure: A critical neglect of leadership pipeline development, which creates a dangerous vacuum of vision and competence during transitions, jeopardizing institutional memory and future stability.

The Nigerian Context: A Magnified View of the Crisis

Nigeria, a nation brimming with phenomenal human and natural potential, offers a powerful case study where these global fault lines are particularly pronounced and consequential.

Within the Political Arena:

Leadership is frequently marred by a system that rewards patronage over performance. Rampant corruption diverts essential resources from critical public services, leading to a catastrophic decay in infrastructure, healthcare, and education. This, combined with policy instability across political administrations, creates an environment of uncertainty that discourages vital long-term investment.

Within the Corporate Sphere:

Many organizations, including prominent family-owned conglomerates, are hindered by overly centralized decision-making and weak corporate governance structures. When nepotism overshadows meritocracy, innovation is suppressed, and employee motivation withers. A survivalist mindset, driven by a challenging economic climate, often trumps strategic investment in talent and innovation.

Within Public Institutions:

A pervasive culture of bureaucracy and inefficiency often widens the gap between the government and the governed. This leads to profound citizen frustration and a demoralized public workforce, undermining the very purpose of these institutions.

The cumulative effect of these intersecting failures is a palpable national anxiety—a widespread belief that the nation is operating far below its potential, not due to a lack of resources or talent, but because of a fundamental breakdown in its leadership frameworks.

A Framework for Renewal: Building Resilient Leadership

Identifying the problem is only the first step. The imperative is to forge a path forward. The following advisory framework outlines how to bridge these fault lines and unlock latent possibilities.

For Individuals (The Agents of Change):

Transition from Spectator to Stakeholder: Exercise accountability through informed civic participation and constructive advocacy. Use platforms, including digital media, to demand transparency and results from leaders.
Embody Ethical Leadership Daily: Demonstrate integrity, accountability, and empathy within your immediate circle—your workplace, community, and family. Leadership is an action, not merely a position.
Commit to Lifelong Learning: Proactively acquire new skills, cultivate a global perspective, and strengthen your emotional intelligence to navigate an increasingly complex world.
Engage in Reciprocal Mentorship: Actively seek guidance while also dedicating time to mentor others. Cultivating the next generation is a collective responsibility that ensures a continuous flow of capable leaders.

For Corporations (The Economic Catalysts):

Ingrain, Don’t Just Install, Governance: Move beyond superficial compliance. Foster a culture where independent boards, radical transparency, and ethical practices are non-negotiable core values.
Systematize Leadership Development: Establish robust talent management and succession planning programs. Intentionally identify and nurture future leaders through targeted training, mentorship, and strategic role assignments.
Champion a Stakeholder-Centric Purpose: Define a corporate mission that creates genuine value for all stakeholders—employees, customers, communities, and the environment. This builds lasting brand equity and attracts purpose-driven talent.
Cultivate Psychologically Safe Spaces: Foster an organizational climate where employees feel empowered to voice ideas, question assumptions, and experiment without fear of reprisal. This is the bedrock of a truly innovative and adaptive organization.

For Nations (The Architects of Society):

Fortify Institutions Over Individuals: Invest in building strong, independent institutions—such as the judiciary, electoral commissions, and anti-corruption bodies—that can function autonomously and uphold the rule of law.
Prioritize Human Capital as the Supreme Asset: Direct national investment toward foundational pillars like quality public education and healthcare. An educated, healthy, and skilled populace is the most critical driver of sustainable national development.
Articulate and Adhere to a Long-Term National Vision: Develop a strategic, non-partisan national development plan that provides a consistent direction for policy, transcending political cycles and uniting citizens around a common goal.
Establish a Consequence-Based Culture: Implement a system where integrity is visibly rewarded and corruption is met with swift, transparent, and impartial justice, regardless of the offender’s status.

Conclusion: Laying a New Foundation

The fault lines in global leadership present a significant challenge, but they also offer a clarion call for renewal. The solution lies in a deliberate return to the core tenets of visionary, accountable, and empathetic leadership.

For Nigeria, and for the world at large, delivering on our shared potential requires a concerted effort to repair these foundations. We must collectively shift from a culture of short-sightedness to one of intergenerational stewardship, and from fractured allegiances to a unified commitment to the common good.

The blueprint for change is clear. By choosing to reinforce our leadership at every level, we can transform these fault lines into cornerstones for a more prosperous, stable, and equitable future. The responsibility to build rests with all of us.

Dr. Tolulope A. Adegoke, AMBP-UN is a Doctor of Philosophy (PhD) in History and International Studies, Fellow Certified Management Consultant & Specialist, Fellow Certified Human Resource Management Professional, a Recipient of the Nigerian Role Models Award (2024), and a Distinguished Ambassador For World Peace (AMBP-UN). He has also gained inclusion in the prestigious compendium, “Nigeria @65: Leaders of Distinction”.