Meaning of section 4 (8) of 1999 constitution

Meaning of section 4 (8) of 1999 constitution

What is the Meaning of section 4 subsection eight of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 4 (8) of 1999 constitution

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Meaning of section 4 (8) of 1999 constitution

The section 4 subsection 8 of 1999 Nigeria constitution power of legislation stated that

Save as otherwise provided by this Constitution, the exercise of legislative powers by the National Assembly or by a House of Assembly shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law, and accordingly, the National Assembly or a House of Assembly shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.

 

This section is saying that:

1 The laws made by the National Assembly (federal) or House of Assembly (state) can be challenged in court.

2 The courts have the power to review and invalidate any law that violates the Constitution or is deemed unconstitutional.

3 The National Assembly or House of Assembly cannot make laws that remove or try to remove the court’s authority to review laws.

4 The legislative branch (National Assembly and House of Assembly) has the power to make laws.

5 The judicial branch (courts) has the power to review and ensure that those laws are constitutional.

6 This ensures that the legislative branch doesn’t overstep its powers and that the laws are fair and just.

This clause reinforces the principle of separation of powers and the rule of law, ensuring that the legislative branch is accountable to the constitution and the judiciary.

This section is about the limitations on the legislative powers of both the National Assembly (federal legislature) and the state Houses of Assembly (state legislatures) in Nigeria.

The key points of this section are:

1. Judicial Oversight:

The statement says the exercise of legislative powers by the National Assembly or a state House of Assembly “shall be subject to the jurisdiction of courts of law and of judicial tribunals established by law.”

This establishes that the courts and judicial tribunals have the authority to review and provide oversight over the laws enacted by the legislative bodies.

 

2. Prohibition on Ouster Clauses:

The statement goes on to say that the National Assembly or a state House of Assembly “shall not enact any law, that ousts or purports to oust the jurisdiction of a court of law or of a judicial tribunal established by law.”

This means the legislative bodies cannot pass laws that attempt to remove or limit the ability of the courts and judicial tribunals to review and rule on those laws.

 

3. Judicial Independence:

By prohibiting “ouster clauses” that would restrict the courts’ jurisdiction, this provision helps safeguard the independence and authority of the judiciary.

It ensures the courts maintain their power to interpret the Constitution and hold the legislative bodies accountable.

In simpler terms, this statement is saying that while the National Assembly and state Houses of Assembly have broad law-making powers, those powers are subject to being reviewed and checked by the courts and judicial tribunals established under Nigerian law. The legislatures are prohibited from passing any laws that try to remove or limit the ability of the courts to exercise their judicial authority and jurisdiction over the laws that are enacted. This helps preserve the separation of powers and the rule of law in Nigeria’s system of government.

Meaning of some keywords in this section

Save as otherwise provided by this Constitution: There might be some exceptions outlined elsewhere in the Constitution, but generally…

The exercise of legislative powers …shall be subject to the jurisdiction of courts of law and judicial tribunals: Laws passed by the National Assembly or a State House of Assembly can be reviewed by courts.

…and accordingly …shall not enact any law that ousts or purports to oust the jurisdiction of a court…: Basically, the National Assembly or a State House of Assembly can’t make laws that take away the power of courts to review their laws.

Imagine the National Assembly or a State House of Assembly is like a big chef creating dishes (laws). This law says that even though the chefs create the dishes (laws), there are still food critics (courts) who can review those dishes (laws) and say if they’re good or not (legal or not legal). The chefs (National Assembly/State House) can’t make a rule saying the critics (courts) can’t do their job.

This is important because it ensures that laws are fair and follow the Constitution. If the National Assembly or a State House of Assembly passes a law that seems unfair or unconstitutional, people can challenge it in court.

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