Legislation (66)
"It is a well established and accepted parliamentary practice the world over that before a Legislature enacts an Act or a law, it has to conduct research to existing Acts or laws and whether the Act or law will not or will be in conflict with the Constitution, the fans et origo of the legal system.
"In NDIC v. O'SILVAWAX INT'L (2006) 7 NWLR (pt.980) 588 at 611, this court, per Adekeye, JCA (as she then was) held thus: "A proviso in a provision of a law is a clause of exception or qualification and it speak the last intention of a legislature on a statute.
"In Law, therefore, there are circumstances in which a repeal of an enactment can be implied or inferred and that is where two acts of the legislature are plainly repugnant to each other that effect cannot be given to both at the same time.
"The law is well settled that marginal notes do not form part of an enactment and are for convenience or reference only." Per KEKERE-EKUN , J.S.C. (P. 129, paras. D) ROTIMI WILLIAMS AKINTOKUN v. LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE (LPDC)(2014) LPELR-22941(SC)
"The law is well settled that marginal notes do not form part of an enactment and are for convenience or reference only." Per KEKERE-EKUN , J.S.C. (P. 129, paras. D) ROTIMI WILLIAMS AKINTOKUN v. LEGAL PRACTITIONERS DISCIPLINARY COMMITTEE (LPDC)(2014) LPELR-22941(SC)
"I am not unaware that in the absence of express and clear provisions in the Constitution or statute which ousts the jurisdiction of the Court, the Court should be very reluctant to hold that its jurisdiction has been ousted.
"In considering whether the provisions of these sections of the act violate the provisions of the 1999 constitution, I will answer issue no (iv) as follows - Section 6 (a) - this power is exercisable in Ondo State in view of the provisions of section 4 subsections (2) and (3) of the constitution, Section 26(3) - the provisions therein infringe on the principle of separation of powers and the subsection is unconstitutional, null and void see Unongo v. Aku (1983) 2 SCNLR 332 and A-G. Abia State v. A.-G. of the Federation & Ors. (2002) 6 NWLR (Pt. 763) 264 at p.397.
"I have held in this judgment that the National Assembly can exercise the powers which it does posses for the purpose of assisting in carrying out a policy which may affect matters which are directly within its legislative competence. It can also exercise powers, which it does possess for assisting in carrying out a policy, which may affect matters not directly within its legislative powers. See Osborne v. The Commonwealth (1911) 12 CLR 321 and Radio corporation Pty. Ltd. v. The Commonwealth (1938) 59 CLR 170." Per OGWUEGBU, J.S.C. (Pp. 107, paras. D-F) ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENERAL OF THE FEDERATION & ORS(2002) LPELR-623(SC)
"Although the power to legislate on the subject is given to the National Assembly and State House of Assembly, when both exercise the power, the legislation by the National Assembly will prevail by virtue of section 4 subsection (5) of the constitution which provides - "(5) 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." See the cases of the Military Governor Ondo State v. Adewumi,(1988) 3 NWLR (Pt.82) 280 at page 283 and A-G. of Ogun State v. Aberuagba (supra)." Per UWAIS, C.J.N. (Pp. 55-56, paras. A-C) ATTORNEY-GENERAL OF ONDO STATE v. ATTORNEY-GENERAL OF THE FEDERATION & ORS(2002) LPELR-623(SC)
Now section 4 subsection (2) of the constitution provides that the National Assembly has the power to make laws for the peace, order and good government of the federation with respect to any matter included in the exclusive legislative list. This means that the National Assembly is empowered to legislate under item 60(a) for the purpose of establishing and regulating the ICPC for the federation. This the National Assembly has done by enacting the act.