LEGAL PRINCIPLE: EVIDENCE LAW — Estoppel — State Not Estopped from Challenging Statute by Acts of Its Representatives in National Assembly
PRINCIPLE STATEMENT
Members of the National Assembly, though elected, cannot be described as members of all states. Each member was elected by a section of a state, not by the whole state electorate. Estoppel does not operate against the plaintiffs (states) in bringing this action.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in A.G., Adamawa State & Ors v. A.G., Federation & Ors (2005) NLC-1442004(SC) at pp. 16–17; Paras D–A.
"It is true that the members of the National Assembly have been elected to the Assembly as members but they cannot be described as members of all the states because each member, whether as a senator or representative, even as a representative of his state, was not elected by the whole of the state but a section of it, and though elected, might not have been given vote by all the electorates in his or her constituency. … I, therefore, hold that estoppel does not operate against the plaintiffs in bringing this action."
EXPLANATION / SCOPE
A state is not estopped from challenging a statute because its representatives voted for it. Representatives do not represent the entire state electorate, only their constituencies. The principle applies to constitutional law and estoppel. The rule preserves states’ rights to challenge legislation. The state as a legal entity is distinct from its representatives’ legislative acts. Estoppel requires party identity not present here.
