OPDC PROPERTIES LTD. V. THE PEOPLE OF LAGOS STATE (2025) 14 NWLR (PT. 2005) 277
ON CREATION OF NIGERIA POLICE FORCE
By section 214(1) of the Constitution (as amended), the Nigeria Police Force is created which is known as the Nigeria Police Force, and subject to the provisions of the section, no other police force shall be established for the Federation or any part thereof.
The Nigeria Police Force shall be organized and administered in accordance with such provisions as may be prescribed by an Act of the National Assembly and the members of the Nigeria Police Force shall have such powers and duties as may be conferred upon them by law.
(P. 303, paras. C-F)
OPDC PROPERTIES LTD. V. THE PEOPLE OF LAGOS STATE (2025) 14 NWLR (PT. 2005) 277
ON WHERE LIES THE LEGISLATIVE POWERS AND DUTIES OF THE FEDERAL REPUBLIC OF NIGERIA
By virtue of section 4(1) of the 1999 Constitution (as amended), the legislative powers and duties of the Federal Republic of Nigeria shall be exclusively vested in the National Assembly, consisting of both the Senate and the House of Representatives.
By subsection of the section, the National Assembly shall have power to make laws for the peace, order and good government of the federation with respect to any matter included in the Exclusive Legislative List set out in Part 1 of the Second Schedule to the Constitution.
In the same vein, by subsection of the section, the power of the National Assembly to make laws for the peace, order and good government of the federation with respect to any matter included in the Exclusive Legislative List shall save as otherwise provided in the Constitution, be to the exclusion of the Houses of Assembly of States.
(Pp. 303–304, paras. F-A)
OPDC PROPERTIES LTD. V. THE PEOPLE OF LAGOS STATE (2025) 14 NWLR (PT. 2005) 277
ON POWER OF ATTORNEY GENERAL OF A STATE
By virtue of section 211 of the 1999 Constitution (as amended), the Attorney General of a State shall have power:
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria other than a court martial in respect of any offence created by or under any law of the House of Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted
by any authority or person; and
(c) to discontinue at any stage before judgment is delivered, any such criminal proceedings instituted or under taken by him or any other authority or person.
The powers conferred upon the Attorney General of a State under subsection of this section may be exercised by him in person or through officers of his department. In exercising his powers under this section, the Attorney-General of a State shall have regard to the public interest of justice and the need to prevent abuse of legal process.
(Pp. 302–303, paras. G-C)