Meaning of section 4 (4) of 1999 constitution

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

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Meaning of section 2 (2) of 1999 constitution

The section 2 subsection 2 of Nigeria 1999 constitution Power of legislation state that

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;

Meaning

1 The National Assembly (federal government) has the power to make laws on matters listed in the Concurrent Legislative List.

2 This list contains matters that are of shared interest between the federal government and state governments.

2 The extent to which the National Assembly can make laws on these matters is specified in the second column of the list.

3 In other words, the National Assembly has shared authority with state governments to make laws on these matters, but the specific scope of that authority is defined in the list.

Think of it like a shared to-do list between the federal government and state governments:

4 The Concurrent Legislative List is like a list of tasks that both the federal government and state governments need to work on together.

5 The National Assembly has the power to make laws on these tasks, but the specific tasks and the extent of their authority are defined in the list.

6 State governments also have the power to make laws on these tasks, but they must work together with the federal government to ensure consistency and coordination.

National Assembly shall have power to make laws with respect any matter in the Concurrent 7 Legislative List: The National Assembly can create laws on any topic included in a special list called the “Concurrent Legislative List.” This list is found in Part II of the Second Schedule of the Constitution.

8 The twist: to the extent prescribed in the second column opposite thereto: There’s a condition! The second column next to each topic on the Concurrent Legislative List likely specifies the degree (extent) to which the National Assembly can make laws.

Imagine the Concurrent Legislative List is a recipe book, but this time it’s shared between the National Assembly and the State Houses of Assembly. However, there might be instructions next to each recipe (topic) that say how much each chef (National Assembly or State House of Assembly) can contribute.

For instance, the Concurrent Legislative List might include a topic like “education.” The second column might say that the National Assembly can set national education standards, while the State Houses of Assembly can determine how those standards are implemented within their states.

This statement ensures that both the federal government and state governments have a role in regulating matters of shared interest, promoting cooperation and balance in the federal system.

Here’s the key difference between Exclusive and Concurrent Legislative Lists:

Exclusive Legislative List: Only the National Assembly can make laws on those topics.

Concurrent Legislative List: Both the National Assembly and the State Houses of Assembly can make laws, but the extent of their power might be limited by the Constitution (as explained in the second column).

Concurrent Legislative List or what the limitations are without seeing the Second Schedule. But hopefully, this explanation clarifies how the National Assembly shares law-making power with the States on certain topics.

Concurrent Legislative List:

1 The statement refers to the “Concurrent Legislative List” which is set out in Part II of the Second Schedule to the Nigerian Constitution.

2 This is a list of policy areas and subjects where both the National Assembly and the State Houses of Assembly have the power to make laws.

National Assembly’s Legislative Power:

1 The National Assembly “shall have power to make laws” on any matter contained in the Concurrent Legislative List.

2 This means the National Assembly can enact legislation on these concurrent policy areas.

Limitation on National Assembly’s Power:

1 However, the National Assembly’s legislative power on Concurrent List matters is limited “to the extent prescribed in the second column opposite thereto.”

2 This indicates that the extent or scope of the National Assembly’s legislative authority on each Concurrent List item is defined and constrained by the provisions in the second column of the list.

Conclusion

In simpler terms, this statement is saying that the Nigerian National Assembly has the power to make laws on the policy areas and subjects that are included in the Concurrent Legislative List of the constitution. However, the National Assembly’s legislative power on these concurrent matters is not absolute or unlimited. Instead, the extent or boundaries of the federal parliament’s authority on each Concurrent List item is specifically outlined and prescribed in the second column of the list itself. This means the National Assembly can legislate on Concurrent List subjects, but its power is limited to the parameters defined in the constitutional provisions. This allows for a degree of shared legislative jurisdiction between the federal and state governments in Nigeria.

Section 4b of power of legislation of 1999 constitution stated that

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

This statement is describing an additional aspect of the legislative powers of the Nigerian National Assembly, beyond just the Exclusive Legislative List and the Concurrent Legislative List.

Broad Legislative Powers:

1 The statement says the National Assembly can make laws on “any other matter” beyond just the items specified in the Exclusive and Concurrent Lists.

2 This indicates the National Assembly’s legislative authority is not strictly limited to those two defined lists.

Constitutional Empowerment:

1 However, this broader legislative power is qualified by the phrase “in accordance with the provisions of this Constitution.”

2 This means the National Assembly can only exercise this broader law-making authority if it is specifically empowered to do so by other provisions within the Nigerian Constitution.

Implied/Inherent Powers:

1 The reference to “any other matter” suggests the National Assembly may have implied or inherent legislative powers beyond just the Exclusive and Concurrent Lists.

2 As long as these additional legislative powers are derived from and consistent with the Constitution, the National Assembly can exercise them.

In simpler terms, this statement is saying that in addition to the National Assembly’s specific legislative powers over the items listed in the Exclusive and Concurrent Lists, the parliament also has the authority to make laws on any other subject matter, as long as this broader power is granted or recognized within the provisions of the Nigerian Constitution. This gives the National Assembly a degree of flexibility and latitude to legislate on a range of issues, as long as its actions are in accordance with the constitutional framework. It suggests the National Assembly’s legislative jurisdiction is not strictly limited to the two defined lists, but can encompass other areas where the constitution empowers the federal parliament to act.

1 The National Assembly has the power to make laws on any matter that is not specifically listed in the Exclusive or Concurrent Legislative Lists.

2 As long as the Constitution grants the National Assembly the authority to make laws on a particular matter, they can do so.

3 This clause is a “catch-all” provision that gives the National Assembly flexibility to address emerging issues or matters that are not explicitly mentioned in the Constitution.

Think of it like a “miscellaneous” or “general authority” clause:

4 The National Assembly has a broad mandate to make laws on any matter that is important for the country’s well-being, even if it’s not explicitly listed in the Constitution.

5 This clause ensures that the National Assembly can respond to new challenges and opportunities without needing a constitutional amendment.