The Attorney-general, Ogun State V. Alhaja Ayinke Aberuagba & Ors (1985)

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BELLO, J.S.C. 

The principle of the division of legislative powers of government enshrined in the Constitution of the Federal Republic of Nigeria 1979, hereinafter referred to as the Constitution, is the base of the dispute in this case on appeal. So it is pertinent to state the principle from the onset.

It may also be observed that the case was decided before the Constitution (Suspension and Modification) Decree 1984 No. 1 with retrospective effect from 31st December. 1983 and for this reason the appeal must be determined in accordance with the relevant provisions of the Constitution as they were before the promulgation of the Decree 1984 No. 1.

The legislative powers of Nigeria were shared between the Federation and the component States by section 4 of the Constitution in these terms:

“4(1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House of Representatives.

(2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution.

(3) 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 House of Assembly of States.

(4) In addition and without prejudice to the powers conferred by subsection (2) of this section, the National Assembly shall have power to make laws with respect to the following matters, that is to say-

(a) any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to this Constitution to the extent prescribed in the second column opposite thereto; and

(b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.

(5) If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall to the extent of the inconsistency be void.

(6) The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.

(7) The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say-

(a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution;