09 Nov 2020

inherent powers doctrine

Nweze, “The Judiciary; The Guardian of Democracy under the Constitution”,  in UNIZIK Law Journal Vol. Item 67 is a provision incorporating reference to the matters provided for in the body of the Constitution. The exercise of inherent powers carries with it certain barriers such as: A summary of Section 148 to Section 153B is that the powers of the court are quite deep and extensive for the scope of: It may be recommended that rules put down by the courts in the application of inherent powers concurrently with the restraints and limitations on the application of the power be arranged in the form of rules to be made by the Supreme Court and be made desirable to the courts for their leadership. Section 1(1) of the 1999 Constitution of Nigeria as Amended, Section 4(2) & (3) see part III supplemental and Interpretation second schedule to the 1999 Constitution of Nigeria, Jadesola Akande Introduction to Nigerian Constitution 1999, Section 1 (3) of the 1999 Constitution o Nigeria (as amended), R.B. Singapore Journal of Legal Studies [3] The federal government has no power not granted by the Constitution or reasonably to be inferred therefrom. See, also Oyelowo O.Oyewo, art.cit, 42 fn 2. It is gratifying to note that the doctrine of implied and inherent powers may not be applicable to the Nigerian situation because the Constitution of Nigeria is more detailed that it enumerated exhaustively the powers of the National Assembly and states Houses of Assembly both in the exclusive and concurrent legislative lists. Whereas that Constitution (and in deed the 1999 Constitution) preserved the ‘inherent powers’ of the courts of law,[110] no such inherent powers were conceded to the Legislature and the Executive. institution. In this connection, it must be reiterated that the exercise of legislative powers was made subject to Judicial review. [31], The court said that the national government has not only enumerated powers but also powers which may be reasonably implied therefrom. This editorial opinion by the flagship of the Nigerian Press, By some curious irony, the Electoral Act, though impugned as having “provided a model of an Act which qualifies for, but excels, in contravening the Constitution”. (an act of the court shall prejudice no one). In consequence, only the House of Assembly alone has the power to prescribe, increase or otherwise alter the tenure of the elected officers or councillors of the Local Governments other than the Federal Capital Territory for which only the National Assembly could legislate. [65] Since, so much scholastic ink has been expended on them,[66] the elucidation of these principles does not need to detain us here. | Powered by. There are not many areas within the constitution where it is not specifically if an Act of the National Assembly is required, thus, this section will not affect important issues. Nwabueze, Federalism in Nigeria…op. Possey, commenting on the implied power said, “Congress is not a legislative body with broad, vague powers, its powers are limited. Nweze Constitutional Adjudication for Democratic Consolidation in Nigeria: The role of the Supreme Court being a paper delivered at 16th Justice Idigbe memorial lecture at faculty of law University of Benin on 8th November 2017. Nwabueze, Federalism in Nigeria under the Presidential Constitution (London: Sweet and Maxwell, 1983) 1. Since section 40 vests in every person the right to freely associate with other persons and belong to any political party, an Act of the National Assembly or a guideline of the first appellant ambitiously trying to take away the rights guaranteed in the section cannot stand. B.Adebisi, “State Autonomy an financial development” in W.I.Ofonagoro et al (eds), E.S. Then power to declare and wage war, to conclude peace, to make treaties, to maintain diplomatic relations with other sovereignties[36], if they had never been mentioned in the constitution, would have vested in the federal Government as necessary concomitants of nationality. R.B. cit., 53. They co-exist with them in the interest of justice. The Supreme Court ruled upon it in 1819, in the important case of Mccullock V Maryland[30]. The reference to incidental and supplementary matters on the Exclusive legislative list underscores the well-established principle of law that every grant of power includes by implication all and other powers as are reasonably incidental thereto and not expressly excluded. 18 of the Constitution. According to him, the proposed bill seeks to establish a new organization, which is beyond NTDC mandate as a government agency. However, by virtue of sections 4 (4) (b) and 299 of the 1999 Constitution, the subject of town and regional planning, as far as the Federal Capital Territory IS concerned, is the residual matter for the National Assembly.[133]. In the first place, there is the technique of “mutually exclusive list”[135] in the concurrent list. Tobi JSC, speaking for the full court, answered in the affirmative. , and an ex parte order against the party, etc. This is the net effect of the expression “subject to” in paragraph 5. Some powers in between the two categories may be exercised by the Congress. The first is that sovereignty resides and stems from the people. Section 150 is related to the transfer of business. the meaning of “ends of justice” was explained. [5] Section 1(1) of the 1999 Constitution of Nigeria as Amended, [7] Section 4(2) & (3) see part III supplemental and Interpretation second schedule to the 1999 Constitution of Nigeria, [12] Jadesola Akande Introduction to Nigerian Constitution 1999, [15] Section 1 (3) of the 1999 Constitution o Nigeria (as amended), [26] R.B. The words “subject to” are words of art. [54] Based on the foregoing, NTDC issued a public notice advising all operators of hotels, and companies alike to disregard the earlier notice issued by the Lagos State Government. See, also, Olafisoye v FRN (supra) 668-669, AG. See, A.G. Lagos v. A.G. federation (2003) 12 NWLR (pt 833) 1, Part II, Second Schedule, 1999 Constitution. Popoola, “The Legislative Powers of the National Assembly…” art. 53, [87] B.Adebisi, “State Autonomy an financial development” in W.I.Ofonagoro et al (eds), The Great Debate (Lagos: Daily Times, Ltd) 215, [93] (2002) 27 WRN; (2002) 9 NWLR (pt 772) 222, [99] C.C. However, this expression is not vague and indeterminate notion of justice according to laws of the land and statutes. Nwabueze, “Reflections on the 1999 Constitution: A unitary Constitution for a federal System of Government” (Paper delivered at a seminar in Abuja organised by the ICJ 14-16 Feb. 2000) 9, The Academic Controversy that has enveloped the extent of application of the doctrine in Nigeria is beyond the scope of this paper. Williams, SAN, cited in A.G. Abia State v. A.G. Federation (supra) 402, [122] See, R.A. Joseph, Democracy and Prebendal Politics in Nigeria: The rise and fall of the Second Republic (Ibadan: Spectrum Books Ltd, 1991, 1999) 8, [128] Educational Comment in This Day, loc. See, the works cited in notes 18, 19, 20 and 21 (supra). Whatever the implications of the opinions of the individual Justices for the doctrine of inherent presidential powers – and they are significant – the implications for the area here under consideration are cloudy and have remained so from the time of the decision. Co. Ltd., 1993) 154, 155; Abiola Ojo, Constitutional Law and Military Rule in Nigeria (Ibadan: Evans Brothers Nigeria Publishers Limited, 1987) 152; B.O. . The court can improve the suit and re-hear on merit or re-examine its order. make provisions for grants or loans from and the imposition of charges upon any of the public funds of that state or the imposition of charges upon the revenue and assets of that state... ...the authority of the state government can be interpreted as exclusive authority over a limited scope of the topic of national revenue, the state revenue being seen as merely a limited aspect part of the total subject matter of national revenue. The Court is allowed to exercise these inherent powers in cases like- to recheck its own order and correct its error, to pass injunction in case not included by. It is equally observed that in Nigeria the National Assembly and the States’ Houses of Assembly have been having conflicts on legislation because either of them has been overstepping its legislative jurisdiction. The Supreme Court Judgement on Hotel Licensing Regulation PWC Nigeria.typed.com>2013/7>the… accessed on 20-3-18, Why federal Government can’t legislate on Hotels, Restaurant thenationonlineng.net>fed-gov-cant-le… accessed on 20-3-18, Nigerian Tourism Development Corporation Bill: A Tide that carries only monetary waves African traveltimes.com>features accessed on 20-3-18. Section 152, Section 153 and Section 153A is concerned with amendments in judgments, decrees and orders. In the total package of the supremacy of the Constitution in this appeal are mainly sections 40 and 222. Nigeria operates a federal system of government. Section 152 of CPC deals with the “Amendment of judgements, decrees, and order.” According to Section 152 of CPC, Court has the power to change (either by own actions or on the application of any of the parties) written or arithmetical mistakes in judgments, decrees or orders or faults arising from an unexpected lapse or imperfection. Aguda (ed), The Challenge of the Nigerian Nation: An Examination of its legal Development 1960-1985 (Lagos: Heineman Educational Books Nigeria, Limited, 1985) p. 21; B.A. Per Fatayi-Williams CJN in A.G. Bendel State v. A.G. of the federation (981) 10 SC 1 at p. 33. 3 Nos. Inherent refers to a permanent and fundamental part of something, which if separated, loses its essence in totality. The paper concludes by recommending a strict constructionist approach in construing the constitution on whether the implied or inherent powers should be assigned to the National Assembly in Nigeria. The Court is allowed to exercise these inherent powers in cases like- to recheck its own order and correct its error, to pass injunction in case not included by Order 39, and an ex parte order against the party, etc. Section 148 and Section 149 refers to granting of time or extending the time limit for a situation. See, however, the following decisions, Lakanmi v. A.G. of the West (1971) UILR 201; A.G. Ogun State v. A.G. federation (supra) p. 13, [157] See, generally, B.A. Part of the contention of the plaintiff was that the Act was not in respect of a matter or matters either in the Exclusive legislative list or the Concurrent legislative list.

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