Judiciary-Poetry-Logo
JPoetry

LEGISLATIVE POWERS OF THE NATIONAL ASSEMBLY IS ITEMISED IN THE EXCLUSIVE LIST

Dictum

In Nigeria, the operation of legislative powers by the national assembly and House of Assembly of a State is itemized in two list; the Exclusive Legislative list and Concurrent list, these vest powers on the legislature to legislate upon certain items. The exclusive list is the exclusive preserve of the National Assembly which has 68 items. The item Traffic on Federal Road” is provided for under item 63 2nd schedule part I in the Exclusive legislative list. Study of part I of the 2nd Schedule, Item 63 i.e “Traffic on Federal Trunk roads” gave rise to the promulgation of Federal Road safety Commission (Establishment) Act, 2007 by the National Assembly for the maintenance and security of public safety and order.

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

Was this dictum helpful?

SHARE ON

SELF-HELP IS FORBIDDEN – FOLLOWING DUE PROCESS OF LAW – REGAINING POSSESSION

Oputa, JSC in his judgment in Ojukwu’s case (1986) 17 NSCC 304 at 322 referred to Lord Denning’s dicta in the case of Agbor v. Metropolitan Police Commissioner (1969) 1 WLR 703 at page 707 where the learned Lord Justice stated that:- “The plain fact here is that Mr & Mrs Agbor claim as of right to be entitled to possession of the ground floor of this house. They occupied it on February 4. They entered by stealth. They used a key that had been left behind. But they did it under a claim of right. It may be that they had no such right as they claimed. But, even so, the proper way to evict her was by application to the courts of law. No one is entitled to take possession of premises by a strong hand or with a multitude of people. That has been forbidden ever since the Statute of Richard II against forcible entry. This applies to the police as much as to anyone else. It applies to the government departments also. And to the Nigerian High Commission. If they are entitled to possession, they must regain it by due process of law. They must not take the law into their own hands. They must apply to the courts for possession and act only on the authority of the courts.”

Was this dictum helpful?

SECTION 4 OF THE CFRN LIMITS THE NATIONAL ASSEMBLY TO LEGISLATE

Section 4 of the constitution insists that each of the legislature, at the federal and state levels, must confine itself to its sphere of legislation viz; the items on each of the list. This means, that neither the National Assembly nor the house of the assembly of a state is at liberty to wonder off into the legislative arena of the other, where each of them strays into the legislative field of the other any law or provision which is an off shoot of that legislative invasion, as it where, on the legislative items is unconstitutional, null and void and stands the risk of being so declared by the court.’ See, page 123 of “GUIDELINES TO INTERPRETATION OF NIGERIAN STATUES” BY OBANDE FESTUS OGBUINYA. The National Assembly lacks the authority to empower the commission to operate on State roads or any other road that is not a federal trunk road.

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

Was this dictum helpful?

IGNORANCE OF LAW NOT EXCUSE – IGNORANCE TO APPRECIATE UNLAWFUL NATURE OF A TRANSACTION

If all the facts which make the transaction unlawful were known to the parties, as I think they were, ignorance of the law will not excuse them: see Churchill v Walton ([1967] 1 All ER 497 at 503, [1967] 2 AC 224 at 237). That case was one of criminal conspiracy, but it seems to me that precisely similar principles must apply to a conspiracy for which a civil remedy is sought. Nor, in my opinion, can the fact that their ignorance of, or failure to appreciate, the unlawful nature of the transaction was due to the unfortunate fact that they were, as I think, erroneously advised excuse them (Cooper v Simmons, and see Shaw v Director of Public Prosecutions, where the appellant had taken professional legal advice).

— Buckley LJ. Belmont v Williams [1980] 1 ALL ER 393

Was this dictum helpful?

THE LAW WILL BE FOUND IN BOOKS

Per Lord Camden in Entick v Carrington [1765] EWHC KB J98 “If it is law, it will be found in our books. If it not to be found there, it is not law.”

Was this dictum helpful?

THE LAW IS NO RESPECTER OF PERSON

I can safely say that here in Nigeria even under a Military Government, the law is no respecter of person, principalities, government or powers and that the courts stand between the citizens and the government alert to see that the state or government is bound by the law and respects the law. Under our law, it is the court that has the jurisdiction and power to declare the Respondent, Chief Emeka Ojukwu a trespasser on the premises situate at No. 29 Queen’s Drive Ikoyi after due hearing on relevant evidence.

– Oputa, JSC. Military Governor v. Ojukwu (1986) – SC.241/1985

Was this dictum helpful?

NON OBSERVANCE WITH RULE OF LAW IS A WASTE OF HUMAN RESOURCES

Ours is not a perfect society but our imperfections can be eradicated by our observance of the rule of law. Our human resources are our greatest asset and unless we use them to advantage, the Nigerian nation will be the loser. We cannot afford to lag behind while other nations march forward and enjoy the full benefit of their developed human resources. – Andrews Otutu Obaseki, JSC. Garba & Ors. v. The University Of Maiduguri (1986) 1 NWLR (Pt.18) 550

Was this dictum helpful?

No more related dictum to show.