LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Electoral Act — Section 138 — Constitutionality — Transitional Provision Not Unconstitutional
PRINCIPLE STATEMENT
Section 138 of the Electoral Act is a transitional or transient provision designed to take care of a contingency which will definitely phase out on the completion of the election petition on appeal. Such a provision cannot be said to be unconstitutional.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Buhari & Ors v. Obasanjo & 266 Ors (2003) NLC-1332003(SC) at pp. 40–41; Paras D–A.
"With the greatest respect, I do not agree with Chief Ahamba that Section 138 is unconstitutional. It is a transitional or transient provision designed to take care of a contingency which will definitely phase out or fade away on the completion of the election petition on appeal. Such a provision cannot be said to be unconstitutional."
EXPLANATION / SCOPE
Transitional provisions are not unconstitutional. The principle applies to constitutional interpretation. The provision serves a temporary purpose. The rule recognises legislative pragmatism. The court will uphold transitional provisions. The principle is well-established.
