LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Inconsistency — Effect of Inconsistency Between Existing Law and Constitution
PRINCIPLE STATEMENT
By section 315 of the Constitution, existing laws must be brought in line with constitutional provisions. Section 1(3) provides that if any other law is inconsistent with the Constitution, the Constitution shall prevail, and the other law shall be void to the extent of the inconsistency.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Nigeria Deposit Insurance Corporation v. Okem Enterprises Limited (2004) NLC-922003(SC) at pp. 42–43; Paras D–A.
"By virtue of section 315 of the Constitution, those provisions in the said Decrees which are now regarded as existing Acts of the National Assembly, must be brought in line with the said proviso which extends jurisdiction to State High Courts. This must be done with due reference to subsection (3) of section 1 of the Constitution which provides that: '(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.'"
EXPLANATION / SCOPE
The Constitution prevails over inconsistent laws. The principle applies to constitutional law. Existing laws must conform to the Constitution. The rule ensures constitutional supremacy. Inconsistent provisions are void. The principle is fundamental.
