Opinion
The Oracle: Disputes Between States and the Federation: Examining the Jurisdiction of the Supreme Court (Pt. 3)
Published
3 years agoon
By
Eric
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
Nation Building Reimagined: Integrated Principles and Strategies for Sustainable Growth
Published
1 day agoon
April 11, 2026By
Eric
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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Dear CDS, NSA, Your Prodigal Sons, Brothers Have Killed General Braimah
Published
1 day agoon
April 11, 2026By
Eric
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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Ovation @30: A Triumph of Vision, Courage and African Excellence
Published
1 day agoon
April 11, 2026By
Eric
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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