CONSTITUTIONAL LAW ā State Government ā Seat of Government ā State Headquarters Determined by Constitution
Principle Statement
The determination of where a state has its business place ought to be determined by the provisions of section 3(3) of the Constitution, which states that the headquarters of each state shall be known as the Capital City of that State. For Rivers State, the capital is Port Harcourt.
Ratio Decidendi (Source)
Per Ejiwunmi, JSC, in Rivers State Govt & Anor v. Specialist Konsult (Swedish Group) (2005) NLC-3682001(SC) at p. 12; Paras EāA.
"In any event, the determination of where the appellants have as their business place ought to be determined by virtue of the provisions of S.3 (3) of the Constitution of Nigeria, 1999 which states inter alia, that the headquarters of each state shall be known as the Capital City of that State: and which in the case of Rivers State is Port Harcourt."
Explanation / Scope
A state’s headquarters is constitutionally its capital city. The Constitution, not party agreement, determines a state’s seat of government. The principle applies to constitutional law. The rule provides certainty about a state’s location for jurisdictional purposes. A state cannot claim a different location for its business place.
