Civil Litigation Challenge

The following scenario applies to Questions 1 to 5.
Recently, in light of the harsh economy caused by the COVID-19 Pandemic, the House of Assembly of Lagos State has, in order to maintain the lockdown directive of the President and generate income for the State, passed a law called Aircraft Prohibition Law, 2020, requiring all flights to Lagos State to pay N1, 000,000 as fine in breach of the lockdown order. The National Assembly is aggrieved feeling that the law is a clear usurpation of their power because matters of aviation are under the Exclusive Legislative List of the Constitution. The National Assembly has thus decided to sue the House of Assembly of Lagos state.

1. Which court would have the jurisdiction to entertain the action?

• The Supreme Court
  

• The Court of Appeal
  

• The Federal High Court
  

• Any of the above

Answer explanation

Dispute between the National Assembly and the House of Assembly of a State is within the exclusive jurisdiction of the Supreme Court. See S.1 of the Supreme Court (Additional Original Jurisdiction) Act, 2002.

The following scenario applies to Questions 1 to 5.
Recently, in light of the harsh economy caused by the COVID-19 Pandemic, the House of Assembly of Lagos State has, in order to maintain the lockdown directive of the President and generate income for the State, passed a law called Aircraft Prohibition Law, 2020, requiring all flights to Lagos State to pay N1, 000,000 as fine in breach of the lockdown order. The National Assembly is aggrieved feeling that the law is a clear usurpation of their power because matters of aviation are under the Exclusive Legislative List of the Constitution. The National Assembly has thus decided to sue the House of Assembly of Lagos state.

2. The appropriate constitution of the Court you have identified above will be:

• 7 Judges

• 5 Judges
  

• 5 Justices

• 7 Justices
  

Answer explanation

The Supreme Court will be constituted by not less than 7 Justices in the following matters:
1. Where it is a case of its original jurisdiction
2. Appeals on fundamental human right cases

3. Interpretation of the Constitution

4. When it wants to overrule itself

The following scenario applies to Questions 1 to 5.
Recently, in light of the harsh economy caused by the COVID-19 Pandemic, the House of Assembly of Lagos State has, in order to maintain the lockdown directive of the President and generate income for the State, passed a law called Aircraft Prohibition Law, 2020, requiring all flights to Lagos State to pay N1, 000,000 as fine in breach of the lockdown order. The National Assembly is aggrieved feeling that the law is a clear usurpation of their power because matters of aviation are under the Exclusive Legislative List of the Constitution. The National Assembly has thus decided to sue the House of Assembly of Lagos state.

3. The parties in the above suit will be:

• The National Assembly v the House of Assembly, Lagos State
  

• The Senate President v House of Assembly, Lagos State
  

• The National Assembly v Speaker, House of Assembly, Lagos State

• The Senate President v Speaker, House of Assembly, Lagos State
  

Answer explanation

The nominal party where the National Assembly sues or is sued is "National Assembly," while for the House of Assembly, it is "Speaker of the House of Assembly." See S.3 Supreme Court (Additional Jurisdiction) Act, 2002.

The following scenario applies to Questions 1 to 5.
Recently, in light of the harsh economy caused by the COVID-19 Pandemic, the House of Assembly of Lagos State has, in order to maintain the lockdown directive of the President and generate income for the State, passed a law called Aircraft Prohibition Law, 2020, requiring all flights to Lagos State to pay N1, 000,000 as fine in breach of the lockdown order. The National Assembly is aggrieved feeling that the law is a clear usurpation of their power because matters of aviation are under the Exclusive Legislative List of the Constitution. The National Assembly has thus decided to sue the House of Assembly of Lagos state.

4. Before the suit can be brought by the National Assembly, a resolution must have been passed by:

• Two-third majority of total members of the Senate alone
  

• Two-third majority of members of both houses present and voting
  

• Simple majority of members of both houses present and voting
  

• Simple majority of total members of the Senate present and voting
  

Answer explanation

Before a suit is commenced by the National Assembly, a resolution must have been passed by a simple majority of members of both Houses present and voting. See S.2 Supreme Court (Additional Jurisdiction) Act, 2002.

The following scenario applies to Questions 1 to 5.
Recently, in light of the harsh economy caused by the COVID-19 Pandemic, the House of Assembly of Lagos State has, in order to maintain the lockdown directive of the President and generate income for the State, passed a law called Aircraft Prohibition Law, 2020, requiring all flights to Lagos State to pay N1, 000,000 as fine in breach of the lockdown order. The National Assembly is aggrieved feeling that the law is a clear usurpation of their power because matters of aviation are under the Exclusive Legislative List of the Constitution. The National Assembly has thus decided to sue the House of Assembly of Lagos state.

5. All except one is incorrect about the judgment of the Court you have identified in Question 1:

• It can be appealed to the Court of Appeal
  

• It can be appealed to the Supreme Court
  

• It is a final decision not subject to appeal
  

• It can only be appealed to the Supreme Court with leave

Answer explanation

The decision of the Supreme Court is final and not subject to appeal. See S.235 of the 1999 Constitution (as amended).

6. 6. One of the following options is untrue: “The Supreme Court constitutes a full court when it wants to . . . . . . . . . .

• Interpret the Constitution
  

• Overrule itself
  

• Sit on Fundamental human right cases
  

• Sit on Governorship election tribunal as the final court
  

Answer explanation

The Supreme Court will be constituted by not less than 7 Justices in the following matters:

1. Where it is a case of its original jurisdiction

2. Appeals on fundamental human rights cases

3. Interpretation of the Constitution

4. When it wants to overrule itself

See S.234 of the 1999 Constitution (as amended).

7. 7. Following the recent executive regulation to lock down Abuja, Lagos and Ogun states. The Governor of Ogun State boasted to the press that the President cannot do such in Ogun State because the proper order of procedure was not followed. The National Assembly agreed to this too. The President, feeling that his power has been challenged decided to deploy the army to Ogun State to enforce his regulation. However, with recourse to the advice of his close friend, Frank SAN, he decided to sue the National Assembly and the Governor of Ogun State in . . . . . . . . . .
   
   [Very Tricky Question]

• Supreme Court

• Federal High Court

• Ogun State High Court

• Either A or B

Answer explanation

All the parties come under the jurisdiction of the Supreme Court. However, joining any party other than the ones which come under the jurisdiction will ‘rob’ the Supreme Court of its jurisdiction.

8. 8. The Constitutional composition of the Supreme Court is:

• The CJN and such number of Justices as may be determined by the NJC
  

• The CJN and such number of Justices as may be determined by the President
  

• The CJN and such number of Justices not less than 21
  

• The CJN and such number of Justices not exceeding 21
  

Answer explanation

The composition of the Supreme Court is the CJN and such number of Justices not exceeding 21. See S.230 of the 1999 Constitution (as amended).

Use the following passage to answer Questions 9 and 10.

Yesufu a Supreme Court Justice was worried that by age __(9)__ years he may retire from office because of his fragile health and he has not stayed up to 2 years in office. His older friend, Asamu JCA cautioned him and said, “What about me that would be forced to cease to hold office at the age of __(10)__ year? So, cheer up.”

9.

• 60

• 65

• 70

• 75

Answer explanation

A Justice of the Supreme Court or the Court of Appeal may retire when he attains the age of 65 years but shall retire when he attains the age of 70 years. See S.291 of the 1999 Constitution (as amended).

Use the following passage to answer Questions 9 and 10.

Yesufu a Supreme Court Justice was worried that by age __(9)__ years he may retire from office because of his fragile health and he has not stayed up to 2 years in office. His older friend, Asamu JCA cautioned him and said, “What about me that would be forced to cease to hold office at the age of __(10)__year? So, cheer up.”

Question 10.

• 60

• 65

• 70

• 75

Answer explanation

A Justice of the Supreme Court or the Court of Appeal may retire when he attains the age of 65 years but shall retire when he attains the age of 70 years. See S.291 of the 1999 Constitution (as amended).