CONSTITUTIONAL LAW ā Separation of Powers ā National Assembly Cannot Legislate for State High Courts
Principle Statement
Section 22(3) and (4) of the Act, in effect, legislates for State High Courts in a provision it has no power to make.
Ratio Decidendi (Source)
Per Ogbuagu, JSC, in Fasakin Foods Nig Ltd v. Shosanya (2006) NLC-123-312-2001(SC) at p. 10; Paras CāD.
"Section 22(3) & (4) of the Act in effect, is legislating for the State High Courts in an Act or provision, it has no power to do or make."
Explanation / Scope
The National Assembly cannot legislate for State High Courts under separation of powers. The principle applies to constitutional law.
