LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Transitional Provisions — Section 315 — Relationship with Doctrine of Separation of Powers
PRINCIPLE STATEMENT
The Constitution enshrines separation of powers in Sections 4, 5, and 6, but also enacts Section 315 as a transitional provision to avoid lacunae in governance. If there is an infraction of separation of powers, it is one authorised by the Constitution itself, and the Constitution prevails over strict adherence to any doctrine.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in A.G., Abia State & Ors v. A.G., Federation (2003) NLC-2272002(SC) at p. 44; Paras A–C.
"I agree that the Constitution in Sections 4, 5 and 6 has enshrined in it the doctrine of separation of powers. But it is the same Constitution that enacts its Section 315, a section later than Section 4. No doubt, the framers of the Constitution, in their wisdom, must have included this section to avoid lacuna in governance. The section is one of the transitional provisions of the Constitution... If there is an infraction of the doctrine of separation of powers, it is one authorised by the Constitution itself. And the Constitution prevails over a strict adherence to any doctrine."
EXPLANATION / SCOPE
Section 315 is a transitional provision that may temporarily modify separation of powers. The principle applies to constitutional interpretation. The Constitution authorises this limited exception. The rule ensures smooth transition. The Constitution prevails over doctrines. The principle is well-established.
