Meaning of section 4 (5) of 1999 constitution

What is the Meaning of section 4 subsection five of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 4 (5) of 1999 constitution

Table of Contents

Meaning of section 4 (5) of 1999 constitution

The section 4 subsection 5 of Nigeria 1999 constitution stated that

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

Meaning

1 If a state government (House of Assembly) makes a law that conflicts with a law made by the National Assembly (federal government), the federal law takes priority.

2 The federal law “trumps” the state law, and the conflicting parts of the state law are considered invalid.

3 In other words, if there’s a conflict between a state law and a federal law, the federal law wins.

Let Think of it like a hierarchy of laws:

Federal laws (made by National Assembly) are at the top of the hierarchy

State laws (made by House of Assembly) are below federal laws

If there’s a conflict, the federal law prevails, and the state law must be adjusted to comply.

This clause ensures that federal laws have supremacy over state laws, maintaining consistency and unity across the country. It prevents states from making laws that contradict federal laws, promoting a harmonious legal framework.

If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly: Basically, if a state law clashes with a national law, there’s a disagreement between the two.

The law made by the National Assembly shall prevail: In this situation, the national law wins. It takes priority over the state law.

And that other Law (the state law) shall to the extent of the inconsistency be void: The part of the state law that conflicts with the national law becomes invalid. It’s like that part of the state law gets erased.

Imagine the national law is a large blanket covering the whole country. If a state tries to put a smaller blanket down in its territory, but that smaller blanket overlaps the national blanket in some areas, the national blanket wins. The overlapping part of the state blanket wouldn’t be effective.

This law helps ensure consistency and avoids confusion. There can’t be two different laws applying to the same situation in the same country. The national law sets the standard that applies everywhere

The key points of this statement are

Inconsistency between State and Federal Laws:

1 The statement says that if any law enacted by a State House of Assembly is “inconsistent with any law validly made by the National Assembly,” then the federal law will take priority.

Supremacy of National Assembly Laws:

1 In such cases of inconsistency, “the law made by the National Assembly shall prevail.”

2 This establishes the supremacy of laws passed by the federal National Assembly over laws passed by the state-level Houses of Assembly.

Nullification of Inconsistent State Laws:

1 The statement further says that the state law which is inconsistent with the federal law “shall to the extent of the inconsistency be void.”

2 This means the state law will be rendered null and void, but only to the extent that it conflicts with the federal law.

Conclusion

In simpler terms, this statement is saying that when there is a conflict or discrepancy between a law passed by a State House of Assembly and a law passed by the Nigerian National Assembly, the federal law will take precedence and be the valid, operational law.

This statement also describing how the legislative powers of the Nigerian National Assembly take precedence over the legislative powers of the individual state governments, in cases where there is a conflict or inconsistency between the laws.

The state law will be considered void or invalid, but only in the specific areas where it is inconsistent with the federal legislation. This helps establish the National Assembly as the supreme legislative authority in the country, with its laws superseding those enacted by the individual state governments.

This is an important principle in Nigeria’s system of government, as it helps resolve potential disputes between the federal and state legislative bodies and ensures national laws are applied consistently across the country.