LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Legislative Powers — National Assembly — Power to Impose Additional Conditions for Political Party Registration
PRINCIPLE STATEMENT
Where the Constitution exhaustively enacts conditions for doing a thing, no legislation can alter those conditions unless the Constitution itself expressly authorises it. The National Assembly cannot impose additional conditions for political party registration beyond those in section 222.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in INEC & Anor v. Musa & Ors (2003) NLC-2282002(SC) at pp. 19–20; Paras D–A.
"Where the Constitution has enacted exhaustively in respect of any situation, conduct or subject, a body that claims to legislate in addition to what the Constitution had enacted must show that it has derived the legislative authority to do so from the Constitution. Where the Constitution sets the condition for doing a thing, no legislation of the National Assembly or of a State House of Assembly can alter those conditions in any way, directly or indirectly, unless the Constitution itself expressly so authorised."
EXPLANATION / SCOPE
The National Assembly cannot add to constitutional conditions for political party registration. The principle applies to constitutional law. The Constitution is supreme. The rule prevents legislative encroachment. Any additional condition is void. The principle is well-established.