LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Existing Laws — Section 315 — Effect of Absence of Constitutional Provision for Tribunals of Inquiry
PRINCIPLE STATEMENT
The 1999 Constitution has no provision for tribunals of inquiry as did the 1963 Constitution. The power to make laws for tribunals of inquiry is now a residual power belonging to the States. For the Federal Capital Territory, the power resides in the National Assembly.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fawehinmi & Ors v. Babangida & Ors (2003) NLC-3602001(SC) at p. 27; Paras A–C.
"The 1999 Constitution has made no provision for tribunals of inquiry as did the 1963 Constitution in Item 39 of the Exclusive List and Item 25 of the Concurrent List. It follows that the power to make a general law for the establishment and regulation of tribunals of inquiry in the form of the Tribunals of Inquiry Act 1966 is now a residual power under the 1999 Constitution belonging to the States. However, in regard to the Federal Capital Territory Abuja, the power resides in the National Assembly."
EXPLANATION / SCOPE
The 1999 Constitution does not provide for federal tribunals of inquiry. The principle applies to constitutional law. The power to establish such tribunals is now residual for states. The rule ensures proper allocation of legislative power. The National Assembly has power for the FCT. The principle is well-established.
