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THE GOVERNMENT OF THE FEDERATION VS THE FEDERATION

Dictum

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 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 a 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.

— E.A. Agim, JSC. AG Kaduna & Ors. v. AG Federation & Ors. (2023) – SC/CV/162/2023

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THE ACT OF THE PRESIDENT IS THE ACT OF THE FEDERATION BEING AN AGENT

The Government of Nigeria is therefore an agent of the Federation of Nigeria as it exercises the executive powers of the Federation on behalf of the Federation or Federal Republic of Nigeria for its benefit and wellbeing. In AG Federation V AG Abia State(2001) LPELR-24862(SC) this court stated that the Federal Government of Nigeria represents all the constituent states of the federation and exercises the powers of the Federation as trustee for and on behalf of the Federation. This court restated in A-G Lagos State v. A-G Federation (2014) 9 NWLR (Pt. 1412) 217 at 280, that the Federal Republic of Nigeria (or the Federation) is the repository of the sovereignty of the people of Nigeria, whereas the Federal and State Governments in contradistinction are donees of the power and authority of the people. Being an agent of the Federation, the act of the President as head of Government of Nigeria is therefore the act of the Federation. It is an established principle of hallowed antiquity that quit facit per alium facit per se (one who acts by another acts himself).

— E.A. Agim, JSC. AG Kaduna & Ors. v. AG Federation & Ors. (2023) – SC/CV/162/2023

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