CONSTITUTIONAL LAW — Original Jurisdiction of Supreme Court — Counter-Claim Cognisable Where It Relates to Constitutional Rights in Dispute
Principle Statement
A counter-claim can properly be raised by a defendant when the counter-claim is directly related to the principal claim. The dispute involves questions of law on which the constitutional rights of both parties depend.
Ratio Decidendi (Source)
Per Uwais, CJN, in A.G., Lagos State v. A.G., Federation (2004) NLC-702004(SC) at p. 31; Paras D–E.
"A counter-claim can properly be raised by a defendant when the counter-claim is directly related to the principal claim. On the whole I am of the view that all the reliefs sought in the counter-claim touch on the constitutional responsibility of the defendant as perceived by the President. Therefore the dispute between the parties, in my opinion, involves question of law on which the extent of the constitutional (i.e. legal) rights of both the plaintiff and the defendant depend."
Explanation / Scope
Counter-claims related to the principal claim are cognisable. The principle applies to the Supreme Court’s original jurisdiction. The dispute must involve constitutional rights. The rule ensures comprehensive adjudication. The court will hear related counter-claims. The principle is well-established.
