Meaning of section 4 (7) of 1999 constitution

What is the Meaning of section 4 subsection seven of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 4 (7) of 1999 constitution

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Meaning of section 4 (7) of 1999 constitution

The section 4 subsection 7 of Nigeria 1999 constitution stated that

The House of Assembly of a State shall have power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, that is to say- (a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to this Constitution

Meaning

1 The House of Assembly (state legislature) has the power to make laws for the state or any part of it.

2 These laws can be about anything that is important for the state’s well-being, peace, and good governance.

3 Specifically, the state legislature can make laws on any matter that is NOT listed in the Exclusive Legislative List (which is a list of matters that only the federal government can regulate).

Think of it like a scope of authority:

The state legislature has the authority to make laws on a wide range of matters that affect the state, as long as they are not explicitly reserved for the federal government.

This clause gives states a significant level of autonomy to govern themselves and make decisions that are best for their own citizens, while still being part of the larger federal system.

This statement is describing the legislative powers granted to the House of Assembly (state legislature) of each state in Nigeria. Specifically, it outlines the types of matters that the state House of Assembly has the authority to make laws about.

The key points of this clause are

“(a) any matter not included in the Exclusive Legislative List…”

This means State Houses of Assembly can make laws on pretty much any topic as long as that topic is not already listed in the Exclusive Legislative List found in Part I of the Second Schedule of the Constitution.

1. Broad Legislative Powers:

The statement says the state House of Assembly “shall have power to make laws for the peace, order and good government of the State.”

This grants the state legislature wide-ranging legislative authority over matters pertaining to their respective states.

2. Matters Not in Exclusive List:

The statement goes on to specify that this legislative power extends to “any matter not included in the Exclusive Legislative List.”

The Exclusive Legislative List is a set of subject matters that are under the sole jurisdiction of the federal National Assembly, as outlined in the Constitution.

3. Residual/Implied State Powers:

By excluding the Exclusive List items, this provision implies that the state Houses of Assembly have legislative competence over all other matters not specifically reserved for the federal government.

This establishes a residual or implied legislative authority for the states, allowing them to pass laws on a broad range of subjects.

In simpler terms, this statement is saying that the state-level House of Assembly has the power to make laws on any issue or topic that is not already covered by the Exclusive Legislative List under the control of the federal National Assembly. This gives the state legislatures substantial law-making capabilities, as they can effectively legislate on all matters not explicitly assigned to the federal government. This helps define the division of legislative responsibilities between the states and the federal government in Nigeria’s federal system.

House of Assembly of a State shall have power to make laws: Each state’s House of Assembly has the authority to create laws.

For the peace, order and good government of the State or any part thereof: These laws can be about anything that promotes peace, stability, and good administration within the state, or even for a specific region within the state.

Remember our analogy from before? Imagine the Exclusive Legislative List is a box of important tools for running the country, and only the National Assembly has the key. This law says that State Houses of Assembly have their own toolbox to make laws for their state, but they can’t use any of the tools from the National Assembly’s exclusive box.

This system allows states to address issues specific to their region while also ensuring the National Assembly handles matters that affect the entire country.

Section 4 subsection 7b stated that

b) any matter included 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

1 The House of Assembly (state legislature) also 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.

3 The extent to which the state legislature can make laws on these matters is specified in the second column of the list.

Think of it like a shared responsibility:

4 Both the federal government and state governments have a role in regulating matters on the Concurrent Legislative List.

5 The state legislature can make laws on these matters, but only to the extent specified in the list.

6 This ensures coordination and consistency between federal and state laws on these matters.

Examples of matters on the Concurrent Legislative

1 Education

2 Healthcare

3 Environment

4 Labor laws

This statement is further defining the legislative powers of the state Houses of Assembly in Nigeria, specifically with regards to the Concurrent Legislative List.

The key points of this section are

1. Concurrent Legislative List:

The statement refers to the “Concurrent Legislative List” which is a set of subject matters listed in the Constitution’s Second Schedule.

These are areas where both the federal National Assembly and the state Houses of Assembly have the power to make laws.

2. Extent of State Legislative Powers:

The statement says the state Houses of Assembly can make laws on matters in the Concurrent Legislative List “to the extent prescribed in the second column opposite thereto.”

This means the state legislatures’ powers on Concurrent List items are limited to the specific extent or scope outlined in the corresponding second column.

3. Limits of State Legislative Authority:

By referencing the “extent prescribed” in the Concurrent List, this statement implies the state Houses of Assembly do not have unlimited or unrestricted powers over these shared legislative domains.

Their law-making authority is bounded by the parameters defined in the Constitution for each Concurrent List item.

In simpler terms, this statement is saying that in addition to being able to legislate on matters not covered by the federal Exclusive List, the state Houses of Assembly also have the power to make laws on topics included in the Concurrent Legislative List.

This clause promotes cooperation and balance between the federal government and state governments in regulating matters of shared concern.

However, their legislative authority on Concurrent List items is not absolute, but rather limited to the specific extent or boundaries spelled out in the Constitution for each of those particular subject areas.

This helps further delineate the division of legislative competencies between the federal and state governments in Nigeria’s federal system of government.

Meaning of some clause of this section

Bold House of Assembly…shall have power to make laws… We already know from the previous sentence that State Houses of Assembly can make laws.

…any matter included in the Concurrent Legislative List… This expands their power to include creating laws on any topic found in a special list called the “Concurrent Legislative List”. This list is located in Part II of the Second Schedule of the Constitution.

…to the extent prescribed in the second column opposite thereto: There’s a catch, though! Similar to the National Assembly, the power of the State House of Assembly might be limited. The second column next to each topic on the Concurrent Legislative List likely specifies the degree (extent) to which they can make laws.

Imagine the Concurrent Legislative List is a recipe book 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 State House of Assembly can set curriculums within certain national education standards established by the National Assembly.

Exclusive List and Concurrent List: The Exclusive Legislative List limits State Houses of Assembly from making laws on those specific topics because the National Assembly has exclusive power.

Shared Power with Limitations: The Concurrent Legislative List allows both the National Assembly and State Houses of Assembly to make laws, but the extent of their power might be limited by the Constitution (as explained in the second column).

I can’t tell you exactly what’s on the Concurrent Legislative List or what the limitations are without seeing the Second Schedule. But hopefully, this clarifies how State Houses of Assembly share law-making power with the National Assembly on certain topics.

Section 4 subsction 7c stated that

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

This law deals with the leftover power of a State House of Assembly in Nigeria.

1 Recap: We’ve discussed the power of State Houses of Assembly to make laws for their state on topics not on the Exclusive List (national focus) and to share law-making power on the Concurrent List (shared with the National Assembly).

Any other matter: This part says State Houses of Assembly can also make laws on additional matters, beyond what’s explicitly listed in those two Schedules.

Empowered to make laws in accordance with the provisions of this Constitution: There’s a limit, though! This additional power to make laws must be based on somewhere else in the Constitution. The House of Assembly can’t just create laws on any random topic; their power has to be justified by the Constitution itself.

Imagine the Constitution is a big instruction manual for running a state, and the Exclusive and Concurrent Lists are specific sections with clear instructions. This sentence says that the State House of Assembly can also follow other instructions from the manual, as long as those instructions give them the power to make laws on a particular topic. They can’t make up their own instructions or follow instructions from a completely different manual.

This “other matters” clause allows the State House of Assembly to address new issues or situations that might not have been anticipated when the Constitution was written. However, their power to do so still relies on finding a basis within the Constitution itself.

1 The House of Assembly (state legislature) also has the power to make laws on any other matter that is not specifically mentioned in the Constitution.

2 As long as the Constitution doesn’t explicitly prohibit it, the state legislature can make laws on any matter that is important for the state’s well-being.

3 This clause gives the state legislature flexibility to address emerging issues or matters that are not explicitly mentioned in the Constitution.

4 The state legislature has a broad mandate to make laws on any matter that is important for the state, even if it’s not explicitly listed in the Constitution.

5 This ensures that the state legislature can respond to new challenges and opportunities without needing a constitutional amendment.

This clause reinforces the state legislature’s role as the primary lawmaking body in the state, with the flexibility to address a wide range of issues that affect the state.

The key points of this section are:

1. Additional Legislative Powers:

The statement says the state Houses of Assembly can make laws on “any other matter with respect to which it is empowered to make laws in accordance with the provisions of this Constitution.”

This suggests there are additional areas, beyond the Exclusive and Concurrent Legislative Lists, where the state legislatures have the authority to enact laws.

2. Constitutional Empowerment:

The qualification “in accordance with the provisions of this Constitution” indicates that these additional legislative powers granted to the states must be derived from and aligned with the Nigerian Constitution.

In other words, the state Houses of Assembly can only legislate on matters where they have been constitutionally empowered to do so.

3. Implied/Inherent State Powers:

This provision seems to imply that the state legislatures have an inherent or residual legislative authority that goes beyond just the Exclusive and Concurrent Lists.

The Constitution itself grants the states the power to make laws on certain other unspecified subjects, as long as it is in accordance with the Constitution.

In simpler terms, this statement is saying that in addition to the legislative powers granted to the state Houses of Assembly over matters outside the federal Exclusive List and within the Concurrent List, the states also have the authority to make laws on any other subject areas where they have been constitutionally empowered to do so.

This suggests the state legislatures have a broader legislative competence that is not necessarily limited to just the itemized lists in the Constitution, as long as their law-making is in alignment with the provisions of the Nigerian Constitution.