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The Oracle: Disputes Between States and the Federation: Examining the Jurisdiction of the Supreme Court (Pt. 3)

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By Mike Ozekhome

INTRODUCTION

In our last discourse on this series, we delved deeper into the constitution of the apex court (Supreme Court) with regards to its membership and how it affects its jurisdiction. We also x-rayed how the subject matter of a case determines a court’s jurisdiction and the conditions precedent to assumption of jurisdiction by a court. Today, we shall continue and conclude on the apex court’s power of jurisdiction and thereafter take a look at the definition of a federation; The Federation” Vs “Federal Government of Nigeria”: The Link and the Principles for the Invocation of the Jurisdiction of the Supreme Court. Please read on.

“Dispute” For The Purpose Of Invoking the Original Jurisdiction of the Supreme Court (Continues)

In A.G. OF THE FEDERATION V. A.G, OF ABIA STATE & 35 ORS, (2001) 11 N.W.L.R. (PL. 725) pg. 689 at 737 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.” Suit No. S.C. 27/2010: (2011) 8 N.W.L.R. (Pt. 1248) 31 at 166-167. A dispute is a conflict of claims or rights or demands on one side met by contrary allegations on the other side.

In A.G ABIA v. A.G FEDERATION, Suit No. SC. 73/2006: (2007) 6 N.W.L.R. (Pt. 1029) 200 at 219-220. 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; (1981) 10 S.C. 1; (1982) 3 N.C.L.R. 1 Attorney-General of The Federation V. Attorney-General of Imo State, (1983) 4 N.C.L.R. 178 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 (2001) 11 N.W.L.R. (PL. 725) 689 at 737, 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.”

In his view, C.J.N. (rtd.) in the case of ATTORNEY-GENERAL OF THE FEDERATION V. ATTORNEY-GENERAL OF ABIA STATE & 35 Ors Ibid, at pp 728-729, adumbrated as follows:
“What constitutes a dispute under Section 212 subsection (1) of the Constitution of the Federal Republic of Nigeria, 1979, which has exactly the same provisions as Section 232 subsection (1) in question had been considered by this Court in the cases of ATTORNEY-GENERAL OF BENDEL STATE V. ATTORNEY-GENERAL OF THE FEDERATION & 22 ORS, (1982) 3 N.C.L.R. 1, and A.G OF THE FEDERATION V. A.-G OF IMO STATE & 2 ORS. (1983) 1 S.C.N.L.R. 239; (1983) 4 N.C.L.R. 178. In ATTORNEY-GENERAL OF BENDEL STATE’S case, Bello, J.S.C., (as he then was), stated as follows on pp. 48 to 49 thereof:- “To invoke the original jurisdiction of this Court there must be a dispute as so qualified between the Federation and a State or between States. The issue of jurisdiction was contested on three grounds Firstly, there is no dispute which affected the interest of the Federation and Bendel State between the plaintiff (Bendel State) and the Federation, Secondly, I think the first point may be easily disposed of from the definition of the word “dispute, The Oxford Universal Dictionary defines it as ‘the act of arguing against, controversy, debate, contention as to rights, claims and the like or on a matter of opinion… I also held as follows on p. 320 thereof. It is a well-established principle of the interpretation of the Constitution that the words of a Constitution are not to be read with stultifying narrowness- UNITED STATES V. CLASSIC, 313 U.S. 299, and NAFIA RABIU V KANO STATE (1980) 8-11 S.C. 130 at pp. 148-149. The word ‘dispute in section 212(1) should therefore be given such meaning that will effectuate rather than defeat the purpose of that section on the Constitution. Webster’s New Twentieth Century Dictionary, 2nd Edition, provides that “dispute is synonymous with controversy, quarrel, argument, disagreement and contention.”

Disputes Between States And The Federation: The Legal Position
Section 232 (1) of the Constitution confers exclusive jurisdiction on the Supreme Court to adjudicate disputes between States and the Federation. In order to appreciate this provision, it is expedient to examine what a Federation means.

“Federation”- Meaning

In A.G LAGOS STATE v. AG FEDERATION & ORS, 2014) LPELR-22701(SC), at pp 129-130, Pars A-A. Per KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC on the definition of “Federation”, held thus:
“Section 318 (1) of the 1999 Constitution (as amended) defines “Federation” as follows: “Federation means the Federal Republic of Nigeria.” In A.G. Kano State vs A.G. Federation, Ibid this Court per Mahmud Mohammed, JSC, relying on the definition of “Federation” within the meaning of Section 232 of the 1999 Constitution, which bears the same meaning in Section 212 of the 1979 Constitution, differentiated between Federation (or the Federal Republic of Nigeria) and the Federal Government thus: Section 212 of the 1979 Constitution under which the word “Federation” was defined is in pari materia with the provisions of Section 232 of the 1999 Constitution now under consideration. I therefore respectfully adopt the definition of the word “Federation” in Section 232 of the 1999 Constitution as bearing the same meaning as the ‘Federal Republic of Nigeria.’ By this meaning…all the complaints of the plaintiff in its statement of claim in the present case must be viewed as being against the Federal Republic of Nigeria in order to bring the case within the purview of Section 232 of the Constitution. In other words, any complaint against the Government of the Federation or any person who exercises power or authority on its behalf like the Inspector General of Police as asserted by the learned senior counsel for the plaintiff in his address before this Court, is completely outside the original jurisdiction of this Court.”

“The Federation” Vs “Federal Government of Nigeria”: The Link

For a better understanding of the meaning of the word “Federation”, the Supreme Court, per EMMANUEL AKOMAYE AGIM, JSC, only recently emphasized the distinction between the “Federal Government of Nigeria” and the “Federation” in A.G OF KADUNA STATE & ORS v. A.G OF THE FEDERATION & ORS (2023) LPELR-59936(SC); at Pp 22 – 24 Paras F – C., thus:
“So much heavy weather is made about the distinction between the Federation and the Government of Nigeria that exercises its executive powers. That distinction no doubt has a constitutional basis. But since the Government of the Federation exercises the executive powers of the Federation, there is, legally and practically speaking, hardly a dividing line between the acts of the Government of the Federation and the acts of the Federation. The distinction does not exist to the extent of turning the Government of the Federation into a sovereign that can act without regard to the Federation. The Government of the Federation is not sovereign. It is a creation of the Constitution for the purpose of exercising the executive powers of the Federation. The Federation is inherently the sovereign and its sovereignty is further established by S.2(1) and (2) of the 1999 Constitution which provides that- (1) Nigeria shall be one indivisible and indissoluble sovereign state to be known by the name of the Federal Republic of Nigeria. (2) Nigeria shall be a Federation consisting of States and the Federal Capital Territory, Abuja. The sovereignty enjoyed by the Federation is owned by several individual persons constituting the people of the Federation of Nigeria who own the lands that together form the territory of Nigeria. S. 14(2) of the 1999 Constitution acknowledges this ownership by declaring that- (a) Sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority. (b) The security and welfare of the people shall be the primary purpose of the government, and (c) The participation by the people in their government shall be ensured in accordance with the provisions of this constitution.”

The implication of the above decisions is that, for the Supreme Court to assume jurisdiction, it must be a dispute between the Federation and a State or between States.

Principles For The Invocation Of The Jurisdiction Of The Supreme Court
Many actions between states and the Federation have failed as a result of the failure to appreciate the thin line that grounds the jurisdiction of the Supreme Court. The Supreme Court laid this confusion to rest in the case of ATTORNEY-GENERAL OF ANAMBRA STATE v. ATTORNEY-GENERAL OF THE FEDERATION, (2007) LPELR-24343(SC) where, per, WALTER SAMUEL NKANU ONNOGHEN, JSC, held at pages 95 – 97, Paras F – C), that:
“The Constitution is very clear on when the Supreme Court will invoke its original jurisdiction on a matter. Section 232 of the 1999 Constitution provides: “232(1) 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. (To be continued).

Thought For The Week

“Presidents come and go, but the Supreme Court goes on forever”. (William Howard Taft).

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Opinion

Book Review: Against the Odds by Dozy Mmobuosi

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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

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Opinion

Redefining Self-leadership: Henry Ukazu As a Model

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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!

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Opinion

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

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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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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):

  1. 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.
  2. 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.
  3. Commit to Lifelong Learning: Proactively acquire new skills, cultivate a global perspective, and strengthen your emotional intelligence to navigate an increasingly complex world.
  4. 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):

  1. 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.
  2. 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.
  3. 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.
  4. 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):

  1. 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.
  2. 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.
  3. 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.
  4. 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”.

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