LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Separation of Powers — Executive Legislative Power — President’s Power to Modify Existing Laws Under Section 315
PRINCIPLE STATEMENT
The power given to the President and State Governors under Section 315 of the Constitution to modify existing laws is not an abuse of the doctrine of separation of powers; it is essential to giving meaning to existing laws so that the Constitution itself is not abused.
RATIO DECIDENDI (SOURCE)
Per Belgore, JSC, in A.G., Abia State & Ors v. A.G., Federation (2003) NLC-2272002(SC) at p. 13; Paras A–B.
"The provision is a part of our supreme law, the Constitution and its consequence is clear... It is true that 'separation of powers' is essential to a healthy democracy, the power given the President and also to State Governors in existing law of the State by the Constitution is not an abuse of the principle or doctrine of separation of powers, it is essential to giving meaning to an existing law so that the Constitution itself is not abused."
EXPLANATION / SCOPE
Section 315 grants executive power to modify laws. The principle applies to constitutional law. This power does not violate separation of powers. The rule is necessary for transitional purposes. The Constitution authorises it. The principle is well-established.
