CONSTITUTIONAL LAW — Legislative Competence — Concurrent Legislative List — Items 11 and 12 of Second Schedule to 1999 Constitution
Ratio Decidendi
Per Muntaka-Coomassie, JSC, in Osun State Independent Electoral Commission v. Action Congress (2010) NLC-123-265-2009(SC) at p. 30, paras. A–E:
"By virtue of the provisions of section 121 of the 1999 constitution and paragraph 11 and 12 of the second schedule to the 1999 constitution, the National Assembly has the powers to make laws to regulate the procedure for the conduct of election to the Local Government Council. Whereas it is the State House of Assembly that has the legislative powers to make laws with respect to matters relating to or connected with elections to the office of chairman or vice chairman of local government council in that State or the office of councillors therein... The State House of Assembly has no power to make laws on the subject matter, unless, if it makes laws to conform with the provisions of the Act passed by the National Assembly."
Explanation / Scope
This principle establishes that the National Assembly has power to regulate the procedure for local government council elections under Section 121 and Items 11 and 12 of the Second Schedule. The State House of Assembly has power over matters relating to elections to the offices of chairman, vice chairman, and councillors. However, the State House of Assembly must conform to the National Assembly Act. The principle applies in local government election disputes. It ensures that federal law prevails. The court must apply the constitutional provisions. The principle provides guidance on legislative competence.