CONSTITUTIONAL LAW — Legislative Competence — Succession as Residual Matter
Principle Statement
While marriage and matrimonial causes are within the Exclusive Legislative List, succession is neither in the Exclusive nor Concurrent Legislative List. It is a residual matter within the exclusive legislative competence of the States.
Ratio Decidendi (Source)
Per Ayoola, JSC, in Salubi v. Nwariaku & Ors (2003) NLC-1201997(SC) at p. 5; Paras A–C.
"While the formation, annulment and dissolution of marriages other than marriages under Islamic law and customary law including matrimonial causes relating thereto were by item 23 of the Schedule to the 1960 Constitution and Item 60 of the Second Schedule to the 1979 Constitution within the Exclusive Legislative List to be dealt with in Federal laws, succession was neither in the exclusive nor in the Concurrent Legislative List in the Schedule but was a residual matter in the exclusive legislative competence of the States to be dealt with in State laws."
Explanation / Scope
Succession is a residual matter for State legislatures. The principle applies to constitutional interpretation. The Federal Government has no power over succession. The rule respects state autonomy. The court will apply state succession laws. The principle is well-established.
