A.G. Ogun State V. A.G. Federation (1982)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, C.J.N

Section 69, subsections 1(a), 1(b), (4) and (5) of the Constitution of the Federation of Nigeria, 1963, provide as follows:-

“(1) Parliament shall have power to make laws-

(a) for the peace, order and good government of Nigeria (other than the Federal Territory) or any part thereof with respect to any matter included in the Legislative Lists; and

(b) for the peace, order and good government of the Federal Territory with respect to any matter, whether or not it is included in the Legislative Lists.

X X X X

(4) If any law enacted by the legislature of a Region is inconsistent with any law validly made by Parliament, the law made by Parliament shall prevail and the Regional law shall, to the extent of the inconsistency, be void.

(5) Subject to the provisions of subsection (4) of this section, nothing in this section shall preclude the legislature of a Region from making laws with respect to any matter that is not included in the Exclusive Legislative List.”

From the above provisions, it is clear that both Parliament and the legislature of a Region (which were then only three) could legislate in respect of any matter in the concurrent Legislative List in Part II of The Schedule to the said Constitution. Furthermore, it is self-evident by virtue of the provision of section 69 subsection (4) thereof, that if there was any inconsistency between a law made by Parliament and one made by a Regional Legislature, the Regional law would, to the extent of the inconsistency, be void.

It is, of course, settled law, based on the doctrine of covering the field with which I shall deal in more detail later, that if Parliament enacts a law in respect of any matter in which both Parliament and a Regional legislature are empowered to make laws, and a Regional legislature enacts an identical law on the same subject matter, the law made by Parliament shall prevail. That made by the Regional legislature shall become irrelevant and therefore, impliedly repealed.

Among the matters in respect of which both Parliament and a Regional legislature could make laws in the concurrent Legislative List are those listed in Items 18 and 29 of the said List. The items read –

“18. The maintaining and securing of public safety and public order; the providing, maintaining and securing of such supplies and services as may be designated by the President by order as essential supplies and services.

29. Any matter that is incidental or supplementary to any matter mentioned elsewhere in this list.”

Not long after the 1963 Constitution came into force, the Mid-West Region was created out of the former Western Region. In 1967, twelve States were created out of the four Regions. In 1975, the number of States in the Federation was increased to nineteen. Each of these nineteen States inherited the legislative powers of the former Regions in respect of the matter referred to above in Item 18 of the Concurrent Legislative List.By virtue of this power, each of the nineteen States either enacted or adapted its own Public Order Law as enumerated and classified below –

Law Chapter or State or States in