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  • Meaning of section 5 (5) of 1999 constitution

    Meaning of section 5 (5) of 1999 constitution

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

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    Meaning of section 5 (4) of 1999 constitution

    Meaning of section 5 (3) of 1999 constitution

    Meaning of section 5 (2) of 1999 constitution

    Meaning of section 5 (5) of 1999 constitution

    The section 5 subsection 5 of Nigeria 1999 constitution power of executive stated that

    Notwithstanding the provisions of subsection (4) of this section, the President, in consultation with the National Defence Council, may deploy members of the armed forces of the Federation on a limited combat duty outside Nigeria if he is satisfied that the national security is under imminent threat or danger

     

    1 Despite the requirement for Senate approval, the President can deploy Nigerian soldiers for limited combat duty outside Nigeria without Senate approval in exceptional circumstances.

    2 The President must consult with the National Defence Council and be satisfied that: Nigeria’s national security is under immediate threat or danger. The deployment is necessary to protect Nigeria’s interests

    3 In situations where delay could be dangerous, the President can take swift action to protect Nigeria’s security without waiting for Senate approval.

    4 However, this power is not unlimited, as the President must still consult with the National Defence Council and justify the deployment as a necessary response to an imminent threat. This clause provides a safeguard for national security while maintaining a balance between executive power and legislative oversight.

    This section is introducing an exception or override to the previous limitation on the President’s power to deploy the armed forces outside Nigeria:

    Section 5 Subsection 5 in simpler terms, this means:

    Even though the previous section required the President to get approval from the Senate before deploying the military outside Nigeria, this new provision allows the President to bypass that requirement in certain urgent situations.

    Specifically, the President can deploy the armed forces on limited combat missions outside Nigeria, without needing the Senate’s approval, if the following conditions are met:

     

    1. The President has consulted with the National Defence Council.

    2. The President is satisfied that Nigeria’s national security is under imminent threat or danger.

    So in essence, this clause creates an exception to the legislative oversight requirement, giving the President emergency powers to deploy the military abroad for limited combat operations, if the President deems it necessary for national security reasons and has consulted the National Defence Council. This allows the President to act quickly in the face of urgent threats, without having to wait for the Senate’s approval, while still requiring the President to consult the relevant defense authorities.

    This law gives the President of Nigeria the authority to send armed forces outside the country for fighting (combat duty) in limited situations. However, there are restrictions:

    Threat to National Security: The President can only do this if he believes Nigeria’s safety (national security) is in immediate danger (imminent threat).

    Consultation: He can’t decide alone. He must discuss it with a group of advisors focused on defense (National Defence Council).

    Limited Duty: The law doesn’t say how “limited” the combat duty must be, but it suggests the fight shouldn’t be a full-scale war.

    In simpler terms, imagine someone is about to attack Nigeria. The President, after speaking with defense advisors, can send some soldiers to fight the attacker, but only to stop the immediate threat, not to start a long war.

    Subsection 5b stated that

    b)Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within fourteen days

    1 If the President deploys troops for combat duty outside Nigeria without Senate approval (under the emergency deployment provision),

    2 The President must:

    I Notify the Senate within 7 days of the actual combat engagement

    II Seek the Senate’s consent (approval) for the deployment

    3 The Senate must:

    I Give or refuse consent within 14 days of receiving the President’s request

    4 The President can act quickly to deploy troops in an emergency, but must later seek the Senate’s approval to ratify the decision.

    5 5he Senate has the power to review and approve or reject the deployment, even if it has already started. This clause ensures that the President’s emergency powers are balanced by legislative oversight, preventing unchecked executive action and promoting accountability in the use of military force.

    This section is adding a further requirement for the President’s use of the emergency powers described in the previous part:

    “Provided that the President shall, within seven days of actual combat engagement, seek the consent of the Senate and the Senate shall thereafter give or refuse the said consent within fourteen days.”

     

    In simpler terms, this means:

    Even when the President deploys the military on limited combat missions outside Nigeria without prior Senate approval (as allowed in the previous exception), the President must still take additional steps:

     

    1. The President must, within 7 days of the actual start of combat operations, seek the consent/approval of the Senate for that deployment.

    2. The Senate then has 14 days to either give or refuse consent to the President’s military deployment.

    So while the President can initially bypass the Senate’s approval in emergency situations, the President is still required to retroactively seek the Senate’s consent within a week of the combat engagement beginning. The Senate then has 2 weeks to review and either approve or disapprove of the President’s actions.

    This provision acts as a check on the President’s emergency powers, ensuring that the legislative branch still has an opportunity to scrutinize and provide (or withhold) its approval for the combat deployment, even if it happened without prior Senate consent.

    In essence, it maintains the balance of power between the executive and legislative branches, even in urgent national security situations requiring quick military action.

  • Meaning of section 5 (4) of 1999 constitution

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

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    Meaning of section 5 (1) of 1999 constitution

    Meaning of section 5 (4) of 1999 constitution

    The section 5 subsection 4 of Nigeria 1999 constitution power of executive stated that

    Notwithstanding the foregoing provisions of this section- (a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly sitting in a joint session;

     

    1 Despite the powers granted to the President as Commander-in-Chief, they cannot declare war on another country without the approval of the National Assembly.

    2 The President needs the sanction (approval) of a joint session of both the House of Representatives and the Senate to declare a state of war between Nigeria and another country.

    3 The President’s powers are balanced by the need for legislative approval, ensuring that the decision to go to war is not taken unilaterally.

    4 This requires the President to seek the support of the elected representatives of the people, making war a last resort and a collective decision. This clause ensures that the President does not have absolute power to declare war, and that the legislative branch has a say in such a critical decision, promoting accountability and democratic governance.

    This section is introducing an exception or limitation to the powers of the President, even though the previous sections outlined the broad executive powers of state Governors. Specifically, it states:

     

    “Notwithstanding the foregoing provisions of this section –

    (a) the President shall not declare a state of war between the Federation and another country except with the sanction of a resolution of both Houses of the National Assembly sitting in a joint session.”

     

    In simpler terms, this means:

    The President does not have the unilateral authority to declare war against another country. Instead, the President can only declare a state of war if they have the express approval and sanction of both the Senate and House of Representatives of the National Assembly, meeting together in a joint session.

     

    The key main points of this section are:

    1. Restriction on President’s War Powers

    – The President’s executive powers are limited when it comes to declaring war on another country. The President cannot act unilaterally.

     

    2. Requirement of National Assembly Approval

    – Both chambers of the National Assembly (Senate and House of Reps) must pass a joint resolution authorizing and sanctioning the declaration of war.

     

    3. Checks and Balances on Executive War Powers

    – This provision introduces legislative oversight and approval as a check on the President’s executive authority in the critical matter of war.

    So in essence, this clause takes away the President’s unilateral power to declare war, and instead requires the collective approval of the National Assembly before such a momentous decision can be made. This helps balance the powers between the executive and legislative branches.

     

    Here’s a breakdown of the key points:

    National Assembly Approval Needed: The president needs a “resolution” to be passed by both houses of the National Assembly. A resolution is a formal statement that expresses the opinion or will of a legislative body. In this case, both houses (similar to the U.S. Senate and House of Representatives) need to agree to the resolution for the war declaration to move forward.

    Joint Session: The law says that both houses need to vote together in a special session. This means that all the members of both houses would meet at the same time to specifically discuss and vote on the issue of war.

    Basically, this law makes it more difficult for the president to start a war without the support of the legislature. This helps to ensure that a decision to go to war is carefully considered by a representative group of people.

    Section b

    except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.

     

    1 The President or the military authorities cannot deploy Nigerian soldiers for combat duty outside Nigeria without the approval of the Senate.

    2 The Senate must give its prior approval before Nigerian troops can be sent on combat missions abroad.

    3 The President or the military cannot unilaterally decide to send Nigerian soldiers to fight in other countries.

    4 The Senate has a say in such decisions, ensuring that the deployment of troops aligns with Nigeria’s national interests and foreign policy objectives.

    This clause ensures that the deployment of Nigerian troops abroad is subject to democratic scrutiny and oversight, preventing arbitrary decisions that might put soldiers’ lives at risk or compromise national security.

    This section is placing another limitation on the powers of the President regarding the deployment of the Nigerian armed forces:

    Section c

    “Except with the prior approval of the Senate, no member of the armed forces of the Federation shall be deployed on combat duty outside Nigeria.”

     

    In simpler terms, this means:

    The President does not have the sole authority to deploy Nigerian military personnel on combat missions outside the borders of Nigeria. The President must first obtain the prior approval of the Senate before such a deployment can occur.

     

    The key main points of this section are:

    1. Restriction on President’s Military Deployment Powers

    – The President cannot unilaterally send Nigerian troops on combat operations in other countries. There are legislative checks on this executive power.

     

    2. Requirement of Senate Approval

    – The President must get the explicit approval of the Nigerian Senate before ordering the deployment of armed forces outside the country for combat duties.

     

    3. Legislative Oversight of Executive Military Actions

    – This provision gives the Senate the power to scrutinize and approve any planned combat deployments of the Nigerian military beyond the country’s borders. So in essence, this clause limits the President’s ability to use the armed forces for foreign combat operations. It requires the President to seek and obtain the Senate’s prior approval before such deployments can take place. This helps balance the powers between the executive and legislative branches when it comes to military actions outside Nigeria.

  • Meaning of section 5 (3) of 1999 constitution

    What is the Meaning of section 5 subsection three of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 5 (3) of 1999 constitution

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    Meaning of section 5 (2) of 1999 constitution

    Meaning of section 5 (1) of 1999 constitution

    Meaning of section 4 (8) of 1999 constitution

    Meaning of section 5 (3) of 1999 constitution

    The section 5 subsection 3 of Nigeria 1999 constitution power of executive stated that

    The executive powers vested in a State under subsection (2) of this section shall be exercised as not to- (a) impede or prejudice the exercise of the executive powers of the Federation;

     

    The executive powers of a State ( exercised by the Governor and their team)

    Should not be used in a way that:

    Impedes (obstructs or hinders) the exercise of the executive powers of the Federation (the federal government)

    Prejudices (biases or harms) the exercise of the executive powers of the Federation

    The State government (led by the Governor) should not use its powers to interfere with the federal government’s ability to exercise its own powers.

    The State government should not take actions that would harm or obstruct the federal government’s ability to carry out its responsibilities. This clause ensures that the State government does not overstep its boundaries and encroach on the powers of the federal government, maintaining a balance of power between the two levels of government.

     

    Here is the breakdown of this section

    The executive powers vested in a State…shall be exercised as not to

    This means that when a state government uses its executive power (as defined earlier), it cannot do anything that would:

    impede or prejudice the exercise of the executive powers of the Federation Basically, the state government can’t make it harder or impossible for the federal government to carry out its duties.

    Imagine the federal government is like a big fire department responsible for the whole country, and the state government is like a smaller fire department for a specific town. This law says the town fire department (state) can’t do anything that would prevent the big fire department (federal government) from fighting fires effectively.

     

    Here are some examples of how a state might violate this law:

    A state could pass a law making it illegal to build fire stations, which would hinder the federal government’s ability to establish fire stations in that state.

    A state could refuse to cooperate with federal firefighters during a large wildfire.

    This law is important because it ensures the federal government can address issues that affect the entire country, even if those issues cross state borders.

     

    The main point of these sections are

    The executive powers vested in a State Governor shall be exercised in a way that does not: (a) “impede or prejudice the exercise of the executive powers of the Federation”

    In simpler terms, this means the state Governor’s use of executive power must not interfere with or undermine the exercise of executive power at the federal/national level by the President and federal government.

     

    Some key things this provision is trying to achieve:

    1. Maintaining the Integrity of Federal Executive Authority

    – The state Governors cannot use their executive powers in a way that undermines or obstructs the federal government’s ability to carry out its executive functions.

     

    2. Preventing Conflicts Between State and Federal Executive Powers

    – There must be harmony and non-interference between the state-level executive powers and the federal-level executive powers.

     

    3. Preserving the Hierarchical Structure of Government

    – The federal executive authority is meant to take precedence over the state-level executive authority when there are conflicts or overlaps.

    So in essence, this provision is a check on state executive power, ensuring it is exercised in a way that respects and does not impede the executive authority of the national government. It helps maintain the proper balance of power between the state and federal levels of government.

    Section b

    (b) endanger any asset or investment of the Government of the Federation in that State; 

    1 The executive powers of a State (exercised by the Governor and their team)

    I Should not be used in a way that:

    II Puts at risk or endangers:

    III Any assets (properties, resources, etc.) belonging to the Federal Government

    IV Any investments (projects, programs, etc.) made by the Federal Government

    2 The State government should not use its powers to take actions that would harm or put at risk the Federal Government’s assets or investments in the State.

    3 This ensures that the State government does not jeopardize the Federal Government’s interests or put its resources in harm’s way. This clause protects the Federal Government’s assets and investments in the State, preventing the State government from taking actions that could harm or destroy them.

     

    This is the breakdown of this section

    The executive powers vested in a State…shall be exercised as not to… We already know from the previous clause that a state government’s actions can’t interfere with the federal government’s ability to do its job.

    endanger any asset or investment of the Government of the Federation in that State: This clause specifically refers to the state government avoiding actions that could put federal property or investments at risk.

    Imagine the federal government owns a big hospital in a state (federal asset). This law says the state government can’t do anything that could endanger that hospital, such as cutting off its water supply or zoning the area for industrial use.

     

    Here are some examples of how a state might violate this law:

    A state could pass a law allowing the demolition of all buildings over 50 years old, which could destroy a valuable federal courthouse.

    A state could refuse to provide police protection to a federal research facility, putting the facility and its employees at risk.

    This law is important because it ensures the federal government can maintain its property and investments within states without being hindered by local actions. It protects the resources the federal government uses to serve the entire country.

    The main point of this section

    This part of the statement is providing another key limitation on how the state Governor can exercise their executive powers:

    The executive powers vested in a State under this section shall be exercised in a way that does not:

    (b) “endanger any asset or investment of the Government of the Federation in that State”

    In simpler terms, this means the state Governor cannot use their executive authority in a way that jeopardizes or puts at risk any assets or investments that the federal government has within that particular state.

     

    Some key things this provision is trying to achieve:

    1. Protecting Federal Government Assets and Investments

    – The state Governor cannot take actions with their executive power that would damage, compromise or endanger any federal government property, resources or investments located in that state.

    2. Maintaining Federal Interests in the States

    – This helps preserve the federal government’s ability to have a presence and protect its interests within each state, through ownership of various assets and investments.

    3. Preventing Misuse of State Executive Power

    – It acts as a check on the state Governor, ensuring they do not abuse their executive authority in a way that harms the federal government’s standing or operations within that state.

    So in essence, this provision puts a constraint on the state Governor, requiring them to exercise their executive powers in a manner that safeguards and does not jeopardize any federal government assets or investments within that particular state. This helps maintain the balance of power between the state and federal governments.

    Section 5 c

    (c) endanger the continuance of a federal government in Nigeria.

    1 The executive powers of a State (exercised by the Governor and their team)

    2 Should not be used in a way that:

    I Puts at risk or endangers the continued existence or stability of the Federal Government of Nigeria

    3 The State government should not use its powers to take actions that would undermine or threaten the stability of the Federal Government or the unity of Nigeria.

    4 This ensures that the State government does not engage in activities that could lead to the breakdown of the federal system or the collapse of the national government. This clause safeguards the continued existence and stability of the Federal Government of Nigeria, preventing the State government from taking actions that could jeopardize the country’s unity and stability.

     

    Here’s a breakdown to understand it clearly:

    The executive powers vested in a State…shall be exercised as not to... This builds on the previous points, reminding us that a state government’s actions are limited.

    endanger the continuance of a federal government in Nigeria: This is the key part. It means a state government cannot do anything that could threaten the continued existence or functioning of the federal government itself.

    This law essentially protects the core structure of Nigeria as a federation with a central governing body.

     

    Here’s an analogy of this section

    Imagine Nigeria is a big house with a central foundation that supports the entire structure. This law says that no individual room (state) in the house can take actions that could weaken or damage the foundation (federal government) because the entire house (Nigeria) would be at risk of collapsing.

     

    Here are some examples of how a state might violate this law:

    A state could attempt to declare independence from Nigeria, breaking away from the federal system.

    A state could refuse to recognize the authority of the federal government or its laws.

    A state could raise its own army and threaten to use it against the federal government.

    This law is crucial because it safeguards the unity and stability of Nigeria as a whole. It ensures that states operate within the framework of the federal system and don’t take actions that could tear the country apart.

     

    Some key things this provision is trying to achieve:

    1. Preserving the Federal Structure of Government

    – The state Governor must exercise their powers in a manner that does not jeopardize the continuation of Nigeria’s federal system of government, where there is both a national/federal government and state governments.

     

    2. Preventing Secessionist or Destabilizing Actions

    – This acts as a safeguard against a state Governor taking executive actions that could lead to the breakup of the federation or the collapse of the federal government.

    3. Maintaining National Unity and Integrity

    – By prohibiting actions that would “endanger the continuance of a federal government”, this provision helps protect the unity and cohesion of the Nigerian nation as a whole.

    In essence, this clause places a critical limitation on the state Governor’s executive powers – they cannot exercise those powers in a way that puts the very existence of the federal government, and by extension the Nigerian federation itself, at risk. This reinforces the supremacy of the federal government and ensures the state executive authority is used in a way that preserves Nigeria’s system of federalism.

  • Meaning of section 5 (2) of 1999 constitution

    Meaning of section 5 (2) of 1999 constitution

    What is the Meaning of section 5 subsection two of 1999 Nigeria constitution. In this article I will like to explain the Meaning of section 5 (2) of Nigeria 1999 constitution

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    Meaning of section 5 (1) of 1999 constitution

    Meaning of section 4 (8) of 1999 constitution

    Meaning of section 4 (7) of 1999 constitution

    Meaning of section 5 (2) of 1999 constitution

    The section 5 subsection 2 of Nigeria 1999 constitution power of executive stated that

    Subject to the provisions of this Constitution, the executive powers of a State- (a) shall be vested in the Governor of that State and may, subject as aforesaid and to the provisions of any Law made by a House of Assembly, be exercised by him either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State

    Power of Nigeria state governors

    This section means that:

    1 The Governor of a State has the executive powers, similar to the President at the federal level.

    2 The Governor is responsible for enforcing the laws and policies of the State.

    3 The Governor can exercise these powers directly or through:

    I The Deputy Governor

    II Commissioners of the Government (e.g. Commissioner of Education, Commissioner of Health)

    III Officers in the public service of the State (e.g. civil servants, permanent secretaries)

    4 However, the Governor’s powers are subject to:

    I The provisions of the Constitution (meaning they cannot act against the Constitution)

    II Any laws made by the House of Assembly (meaning they must follow the laws passed by the legislature)

    5 The Governor is the chief executive of the State, responsible for implementing and enforcing the laws and policies of the State.

    6 They have the authority to make decisions and take action, but must do so within the limits set by the Constitution and the laws passed by the legislature.

    7 They can delegate tasks and powers to others, like the Deputy Governor, Commissioners, and public servants, to help carry out their responsibilities.

    The statement establishes the Governor as the head of the executive branch at the State level, with the power to lead and manage the State, while also ensuring accountability and checks on their authority.

     

    The key points of this section are:

    1. Vesting of State Executive Power:

    – The statement says the “executive powers of a State shall be vested in the Governor of that State.”

    – This establishes the state Governor as the head of the executive branch at the state level.

     

    2. Exercise of State Executive Power:

    – The Governor can exercise these executive powers “either directly or through the Deputy Governor and Commissioners of the Government of that State or officers in the public service of the State.”

    – This allows the Governor to directly make executive decisions, or delegate and exercise those powers through the Deputy Governor, state Cabinet members (Commissioners), and other state government officials.

     

    3. Limitations and Legal Provisions:

    – However, this is “Subject to the provisions of this Constitution” and “to the provisions of any Law made by a House of Assembly.”

    – This means the Governor’s exercise of executive power is still subject to the limitations and requirements set forth in the Nigerian Constitution, as well as any applicable laws passed by the state’s House of Assembly (the state legislature).

    In simpler terms, this statement is saying that the executive power of each state government in Nigeria is vested in the office of the state Governor. The Governor has the authority to directly exercise that executive power, or delegate and exercise it through the Deputy Governor, state Cabinet, and other state officials.

    But the Governor’s exercise of executive power is not absolute – it remains subject to the constraints and requirements established in the Nigerian Constitution, as well as any relevant laws passed by the state’s House of Assembly. This helps provide checks and balances on the executive authority at the state level.

    Some meaning of this section

    Subject to the provisions of this Constitution: This means the Governor’s power is not absolute. There might be other parts of the Constitution that limit his power.

    Executive powers of a State…shall be vested in the Governor: Similar to the federal level, the Governor is the chief executive officer, responsible for overseeing the state government’s operations.

    May…be exercised by him either directly or through the Deputy Governor and Commissioners…: The Governor can choose to handle some duties himself, but he can also delegate tasks to others:

    Deputy Governor: The Deputy Governor can take on some of the Governor’s responsibilities.

    Commissioners: These are like heads of departments within the state government, and they are responsible for specific areas like education, health, or agriculture.

    Officers in the public service: These are state government employees who help implement policies and programs.

    Imagine the Governor is the CEO of a smaller company (the state). This law says the CEO has the ultimate authority to run the company, but he can delegate tasks to other important people like the Deputy Governor (like a COO), department heads (Commissioners), and other employees (public service officers).

    Conclusion

    The Governor has the most power within the state government, but it’s not unlimited.

    The Governor can choose to handle things himself or delegate tasks to others.

    There are different levels of people who help the Governor run the state government.

     

    b)shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of that State and to all matters with respect to which the House of Assembly has for the time being power to make laws

     

    This section is saying that:

    1 The executive powers of the Governor (mentioned earlier) also include the responsibility to:

    I Enforce and implement this Constitution (at the State level)

    II Execute and maintain all laws passed by the House of Assembly (the State legislature)

    III Handle all matters that fall within the legislative powers of the House of Assembly (i.e., matters that the House of Assembly has the authority to make laws about)

    2 The Governor is responsible for putting into effect and upholding the Constitution, laws, and policies of the State.

    3 This includes carrying out the laws and policies passed by the House of Assembly, as well as handling any matters that fall within the legislature’s authority.

    4 The Governor is the chief executive of the State, responsible for ensuring that the laws and Constitution are implemented and enforced at the State level.

    This statement emphasizes the Governor’s role as the chief executive of the State, responsible for implementing and enforcing the laws and Constitution of the State, and ensuring that the State is run efficiently and effectively.

     

    The key points of these sections are:

    1. Execution and Maintenance of the Constitution and State Laws:

    – The statement says the Governor’s executive powers “shall extend to the execution and maintenance of this Constitution, all laws made by the House of Assembly of that State.”

    – This means the Governor is responsible for implementing and upholding the Nigerian Constitution, as well as all the laws passed by the state’s House of Assembly (the state legislature).

     

    2. Matters within the State House of Assembly’s Legislative Jurisdiction:

    – The Governor’s executive powers also extend “to all matters with respect to which the House of Assembly has for the time being power to make laws.”

    – This indicates the Governor’s executive authority covers all areas where the state’s House of Assembly has the legislative power to enact laws. In simpler terms, this part of the statement is saying that the Governor’s executive powers are not limited to just the Governor’s own direct decisions and actions. Rather, the Governor’s executive authority extends to:

    1) Ensuring the Constitution and all laws passed by the state’s House of Assembly are properly executed and maintained within that state.

    2) Overseeing all matters that fall within the state House of Assembly’s legislative jurisdiction, even if the House of Assembly has not actually passed a law on that matter yet.

    This gives the Governor a broad scope of executive power to administer the state government and ensure the laws and Constitution are faithfully enforced, across the full range of the state legislature’s lawmaking authority.

     

    These are the breakdown of this section

    b) shall extend to… This means the Governor’s job includes:

    Execution and maintenance of this Constitution: Similar to the President, the Governor is responsible for ensuring the Constitution is followed and upheld within his state.

    All laws made by the House of Assembly of that State: The Governor is responsible for implementing the laws passed by the state’s House of Assembly.

    All matters with respect to which the House of Assembly has for the time being power to make laws: This is a broad category. It basically means the Governor’s executive power covers anything the state House of Assembly has the authority to make laws about.

    Here’s an analogy of this section

    Imagine the state laws are like recipes specific to that state, and the Constitution is the main instruction manual for running the country. This law says the Governor’s job is to make sure those state recipe-like laws (passed by the House of Assembly) are followed correctly, all while following the overall instructions of the Constitution (instruction manual). The Governor’s power applies to anything the state House of Assembly has the authority to make laws about.

     

    Noted in this section

    1 The Governor’s job is to put the state laws and the Constitution into action within his state.

    2 This gives the Governor broad authority to manage the state government’s day-to-day operations.

    3 The Governor’s power is still limited to areas where the state House of Assembly has the right to make laws.

    4 This creates a system of checks and balances between the federal government and the state governments in Nigeria.

  • Meaning of section 5 (1) of 1999 constitution

    Meaning of section 5 (1) of 1999 constitution

    What is the Meaning of section 5 subsection One of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 5 (1) of 1999 constitution

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    Meaning of section 5 (1) of 1999 constitution

    The section 5 subsection 1 of Nigeria 1999 constitution power of executive stated that

    Subject to the provisions of this Constitution, the executive powers of the Federation- (a) shall be vested in the President and may, subject as aforesaid and to the provisions of any law made by the National Assembly, be exercised by him either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation

    Power of executive

    1 The President of the Federation has the executive powers, which means they have the authority to enforce the laws and policies of the country.

    2 The President can exercise these powers directly or through

    The Vice-President

    Ministers of the Government (e.g. Minister of Defense, Minister of Health)

    – Officers in the public service (e.g. civil servants, permanent secretaries)

    – However, the President’s powers are subject to:

    – The provisions of the Constitution (meaning they cannot act against the Constitution)

    – Any laws made by the National Assembly (meaning they must follow the laws passed by the legislature)

    – The President is at the top of the executive branch, with the authority to make decisions and take action.

    – They can delegate tasks and powers to others, like the Vice-President, Ministers, and public servants.

    – However, they must still follow the rules and laws set out in the Constitution and by the legislature.

     

    This clause establishes the President as the head of the executive branch, with the power to lead and manage the country, while also ensuring accountability and checks on their authority.

     

    This are some key points in this section are:

    1. Vesting of Executive Power:

    – The statement says that the “executive powers of the Federation shall be vested in the President.”

    – This establishes the President as the head of the executive branch at the federal level.

     

    2. Exercise of Executive Power:

    – The President can exercise these executive powers “either directly or through the Vice-President and Ministers of the Government of the Federation or officers in the public service of the Federation.”

    – This allows the President to directly make executive decisions, or delegate and exercise those powers through the Vice-President, Cabinet ministers, and other federal government officials.

     

    3. Limitations and Legal Provisions:

    – However, this is “subject to the provisions of this Constitution” and “to the provisions of any law made by the National Assembly.”

    – This means the President’s exercise of executive power is still subject to the limitations and requirements set forth in the Nigerian Constitution, as well as any applicable laws passed by the National Assembly (the federal legislature).

    In simpler terms, this statement is saying that the executive power of the federal government in Nigeria is vested in the office of the President. The President has the authority to directly exercise that executive power, or delegate and exercise it through the Vice-President, Cabinet ministers, and other federal officials. But the President’s exercise of executive power is not absolute – it remains subject to the constraints and requirements established in the Nigerian Constitution, as well as any relevant laws passed by the National Assembly. This helps provide checks and balances on the executive branch’s authority.

    Meaning and Breaking down of this section

    Subject to the provisions of this Constitution: This means that the President’s power is not absolute. There might be other parts of the Constitution that limit his power.

    Executive powers of the Federation…shall be vested in the President: The President is the chief executive officer, responsible for overseeing the federal government’s operations.

    May…be exercised by him either directly or through the Vice-President and Ministers…: The President can choose to handle some duties himself, but he can also delegate tasks to others:

    Vice-President: The Vice President can take on some of the President’s responsibilities.

    Ministers: These are like heads of departments within the government, and they are responsible for specific areas like finance, defense, or education.

    Officers in the public service: These are government employees who help implement policies and programs.

    Example

    Imagine the President is the CEO of a big company (Nigeria). This law says the CEO has the ultimate authority to run the company, but he can delegate tasks to other important people like the Vice President (like a COO), department heads (Ministers), and other employees (public service officers).

     

    Some point out of this section

    1 The President has the most power, but it’s not unlimited.

    2 The President can choose to handle things himself or delegate tasks to others.

    3 There are different levels of people who help the President run the government.

     

    b) shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly and to all matters with respect to which the National Assembly has, for the time being, power to make laws. :

    Point of this section

    1 The executive powers of the President (mentioned earlier) also include the responsibility to:

    2 Enforce and implement this Constitution

    3 Execute and maintain all laws passed by the National Assembly

    4 Handle all matters that fall within the legislative powers of the National Assembly (i.e., matters that the National Assembly has the authority to make laws about)

    5 The President is not only responsible for making decisions and taking action, but also for ensuring that the Constitution and laws are put into effect and upheld.

    6 This includes carrying out the laws and policies passed by the National Assembly, as well as handling any matters that fall within the legislature’s authority.

    This clause emphasizes the President’s role as the chief executive, responsible for implementing and enforcing the laws and Constitution of the land.

    Breaking down some words in this section

    The President’s executive powers…shall extend to… This means the President’s job includes:

    Execution and maintenance of this Constitution: The President is responsible for ensuring the Constitution is followed and upheld.

    All laws made by the National Assembly: The President is responsible for implementing the laws passed by the National Assembly.

    All matters with respect to which the National Assembly has…power to make laws: This is a broad category. It basically means the President’s executive power covers anything the National Assembly has the authority to make laws about.

    Imagine the laws are like recipes, and the Constitution is the main instruction manual for running the country. This law says the President’s job is to make sure those recipes (laws) are followed correctly, following the overall instructions of the Constitution (instruction manual). The President’s power applies to anything the National Assembly has the authority to write a recipe (law) about.

    The President’s job is to put the laws and Constitution into action.

    This gives the President broad authority to manage the government’s day-to-day operations.

    The President’s power is still limited to areas where the National Assembly has the right to make laws.

    This part is further clarifying the scope and extent of the executive powers vested in the President of Nigeria. The key points are:

    1. Execution and Maintenance of the Constitution and Laws:

    – The statement says the President’s executive powers “shall extend to the execution and maintenance of this Constitution, all laws made by the National Assembly.”

    – This means the President is responsible for implementing and upholding the Nigerian Constitution, as well as all the laws passed by the National Assembly (the federal legislature).

     

    2. Matters within National Assembly’s Legislative Jurisdiction:

    – The President’s executive powers also extend “to all matters with respect to which the National Assembly has, for the time being, power to make laws.”

    – This indicates the President’s executive authority covers all areas where the National Assembly has the legislative power to enact laws.

    In simpler terms, this part of the statement is saying that the President’s executive powers are not limited to just the President’s own direct decisions and actions. Rather, the President’s executive authority extends to:

     

    1) Ensuring the Constitution and all laws passed by the National Assembly are properly executed and maintained.

    2) Overseeing all matters that fall within the National Assembly’s legislative jurisdiction, even if the National Assembly has not actually passed a law on that matter yet.

    This gives the President a broad scope of executive power to administer the government and ensure the laws and Constitution are faithfully enforced, across the full range of the federal legislature’s lawmaking authority.

  • 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 (6) of 1999 constitution

    Meaning of section 4 (6) of 1999 constitution

    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.

  • Meaning of section 4 (7) of 1999 constitution

    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.

  • Meaning of section 4 (6) of 1999 constitution

    Meaning of section 4 (6) of 1999 constitution

    What is the Meaning of section 4 subsection six of Nigeria 1999 constitution. In this article I will like to explain the Meaning of section 4 (6) of 1999 constitution

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    Meaning of section 4 (6) of 1999 constitution

    The section 4 subsection 6 of Nigeria 1999 constitution stated that

    The legislative powers of a State of the Federation shall be vested in the House of Assembly of the State

    Which means

    1 Each state in Nigeria has its own lawmaking body called the House of Assembly.

    2 The House of Assembly has the power to make laws for the state.

    3 This means that the state government has the authority to create laws that apply only within that state.

    Think of it like a local government having the power to make decisions for their community:

    4 Just like a city council or town hall can make rules for their town, a state’s House of Assembly can make laws for their state.

    5 These laws only apply within the state and not at the national level.

    This clause gives states a 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.

     

    Each state in Nigeria has its own law-making body called the House of Assembly. This Assembly is responsible for creating laws that apply specifically to that state.

    In essence, this law creates a system of federalism where power is distributed between the national government and the state governments. The national government handles issues that affect the entire country, while the state governments handle issues that are specific to their states. This division of power helps to ensure that both national and local needs are met.

    Function

    Legislative Powers of the State:

    1 The statement clearly says that the “legislative powers of a State of the Federation shall be vested in the House of Assembly of the State.”

    2 This means the state-level legislature, known as the House of Assembly, is the body that has been granted the legislative powers for that particular state.

    Vesting of Legislative Authority:

    1 The use of the term “vested in” indicates that the legislative powers of the state are formally and legally conferred upon or entrusted to the House of Assembly.

    2 This makes the House of Assembly the primary law-making institution at the state level.

    Exclusive State Legislative Powers:

    1 By specifying the legislative powers are vested in the state House of Assembly, this statement implies these powers are exclusive to the state legislature.

    2 It suggests the state House of Assembly has the sole authority to enact laws for that particular state, without interference from other legislative bodies.

    In simpler terms, this statement is establishing that the law-making or legislative authority for each state in the Nigerian Federation lies solely with the state’s own House of Assembly.

    The House of Assembly is the designated institution that has been legally empowered and granted the exclusive right to make laws for the state. This affirms the role of the state legislatures as the primary source of legislative power at the sub-national level, separate from the federal National Assembly.

    This helps define the division of legislative responsibilities between the federal and state governments in Nigeria’s system of government and federalism.

  • Meaning of section 4 (5) of 1999 constitution

    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

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    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.

  • Meaning of section 4 (4) of 1999 constitution

    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.