Meaning of section 4 (3) of 1999 constitution

What is the Meaning of section 4 subsection three of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 4 (3) of 1999 constitution

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Meaning of section 4 (3) of 1999 constitution

The section 4 subsection 3 of 1999 constitution Power of legislation state that

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 this Constitution, be to the exclusion of the Houses of Assembly of States.

Meaning of this statement

1 When the National Assembly makes laws on matters listed in the Exclusive Legislative List, those laws take priority over any laws made by individual state governments (Houses of Assembly).

2 In other words, the National Assembly has the final say on matters that affect the entire country, and state governments cannot override those laws.

3 However, there may be exceptions to this rule, which are specified elsewhere in the Constitution.

4 National Assembly (federal government) makes laws for the entire country

5 State governments (Houses of Assembly) make laws for their respective states

6 But, when the National Assembly makes a law on a matter listed in the Exclusive Legislative

This clause ensures that the federal government has the authority to regulate matters of national importance, while still allowing state governments to have some autonomy to make laws specific to their states.

Recap: We know the National Assembly has the power to make laws for the entire country (Federation) on certain topics. These topics are listed in the “Exclusive Legislative List” of the Constitution.

Key point: This sentence says that the National Assembly has the exclusive right to make laws on these topics.

Exclusion of Houses of Assembly of States: This means the State governments (each with their own House of Assembly) cannot make laws on these topics listed in the Exclusive Legislative List.

Save as otherwise provided in this Constitution“: There might be some exceptions! This part acknowledges that there could be specific situations where a State House of Assembly can also make laws on an exclusive topic. However, these exceptions would be spelled out elsewhere in the Constitution.

Here’s an analogy: Imagine the Exclusive Legislative List is a box of important tools for running the country. This law says that only the National Assembly has the key to open that box and use those tools. State governments (Houses of Assembly) generally can’t touch those tools. However, there might be rare situations where the Constitution gives a state the key for a specific tool.

Function of nation assembly

Exclusive Legislative Powers of the National Assembly:

The statement says the National Assembly’s power to make laws on matters in the Exclusive Legislative List shall be “to the exclusion of the Houses of Assembly of States.”

This means the National Assembly has the sole, exclusive authority to legislate on the policy areas and subjects contained in the Exclusive Legislative List.

Override of State Legislatures:

1 The National Assembly’s legislative power on Exclusive List matters takes precedence over the powers of the individual state legislatures (Houses of Assembly).

2 The state legislatures cannot make laws on these exclusively federal matters.

Constitutional Primacy:

1 This exclusive federal legislative power is subject to “save as otherwise provided in this Constitution.”

2 This indicates there may be certain constitutional provisions that could override or modify the National Assembly’s exclusive authority in specific instances.

In simpler terms, this statement is establishing that when it comes to the policy areas and subjects contained in the Exclusive Legislative List of the Nigerian Constitution, the National Assembly (the federal parliament) has the sole, preeminent power to make laws. The state-level Houses of Assembly do not have the authority to legislate on these exclusively federal matters. The National Assembly’s legislative supremacy on Exclusive List items overrides and supersedes the law-making powers of the individual state governments, unless the Constitution provides specific exceptions.