OKOYODE v. FCDA
(2005) LPELR-41123(CA)
Principle
GOVERNMENT – STATE – Whether the Federal Capital Territory is a “State” by virtue of the provisions of Section 299 of the Constitution of the Federal Republic of Nigeria, 1999,
“It seems to me that the first question in this matter that one should ask is whether the Federal Capital Territory is a “State” by virtue of the provisions of Section 299 of the Constitution of the Federal Republic of Nigeria, 1999. Section 299 provides thus – “The provisions of this Constitution shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation and accordingly- (a) all the legislative powers, the executive powers and the judicial powers vested in the House of Assembly, the Governor of a State and in the Courts of a State shall, respectively, vest in the National Assembly, the President of the Federation and in the Courts which by virtue of the foregoing provisions are Courts established for the Federal Capital Territory, Abuja; (b) all the powers referred to in Paragraph (a) of this Section shall be exercised in accordance with the provisions of this Constitution, and ???(c) the provisions of this Constitution pertaining to the matter aforesaid shall be read with such modification and adoptions as may be reasonably necessary to bring them into conformity with the provisions of this Section.”
The above provision of the Constitution to my mind is very clear and unambiguous.
It is trite that where a provision of statute is clear and unambiguous, only its natural meaning is to be given to its interpretation. See A-G., Abia State v. A-G., Federation (2002) 17 WRN 1; (2002) 6 NWLR (Pt. 763) 264 at 485 – 486, Texaco Panama Inc. v. Shell P.D.C.N. Ltd. (2002) 14 WRN 121; (2002) 5 NWLR (Pt. 759) 209 at 227 – 228, Tasha v. U.B.N. Plc. (2003) 36 WRN 64; (2002) 3 NWLR (Pt. 753) page 99 at 106, O.A.U. Ile-Ife v. R. A. Oliyide and Sons Ltd. (2001) 7 NWLR (Pt. 712) page 456 at 473, Akpan v. Umali (2002) 23 WRN 52; (2002) 7 NWLR (Pt. 767) page 701 at 729.
It is therefore doubtless clear that by virtue of Section 299 of the Constitution of the Federation, the Federal Capital Territory is in law a State.
In others words the Federal Capital Territory should be treated as one of the States in the Federal Republic of Nigeria.