LEGAL PRINCIPLE: CONSTITUTIONAL LAW — International Law — International Conventions Apply to the Federation, Not Constituent States
PRINCIPLE STATEMENT
International law applies to the Federation, not the constituent states, because international law applies to countries that are members of the comity of nations. The 36 constituent states are not members of the comity of nations, so international conventions do not directly apply to them but to the Federation.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in A.G., Adamawa State & Ors v. A.G., Federation & Ors (2005) NLC-1442004(SC) at pp. 35–36; Paras E–A (quoting from A.G., Fed. v. A.G., Abia State & 35 Ors. (No.2) at pp. 728H–729C).
"In a Federation, it applies to the Federation and not the constituent or Federating States that comprise the Federation. This is necessarily so, because international law applies to countries that are members of the comity of nations … The 36 constituents States of Nigeria are not members of the comity of Nations and so the provisions of international law in a convention do not directly apply to them but the federation."
EXPLANATION / SCOPE
International conventions bind the Federation as a member of the comity of nations, not individual states. States cannot directly invoke international law against each other or the Federation. The principle applies to constitutional law and international law. The rule preserves federal structure in international relations. The Federation represents Nigeria internationally. States must channel international law claims through the federal level.
