LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Legislative Judgment — Revenue Allocation Act Not a Legislative Judgment
PRINCIPLE STATEMENT
Based on this court's decisions in Lakanmi, Uwaifo, and A.G. Fed. v. Guardian Newspapers, the 2004 Revenue Allocation Act is not a legislative judgment because it has not usurped the function of the court or the judiciary.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in A.G., Adamawa State & Ors v. A.G., Federation & Ors (2005) NLC-1442004(SC) at pp. 41–42; Paras E–A.
"I accept the argument by the defendants' counsel, that based on the decision of this court in the following cases — Lakanmi & Anor. v. A-G. (West) (supra); Uwaifo v. A-G., Bendel State (supra) and A-G., Fed. v. Guardian Newspapers (supra) — the 2004 Act is not a legislative judgment because it has not in anyway usurped the function of the court or the judiciary."
EXPLANATION / SCOPE
A revenue allocation statute that does not adjudicate specific disputes or parties is not a legislative judgment. The Act merely prescribes distribution formulae. The principle applies to constitutional law. The rule distinguishes general legislation from particular adjudicative acts. General laws of universal application do not usurp judicial power. The legislature may validly enact revenue distribution rules without encroaching on judicial functions.
