LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Constitutional Interpretation — Modification Under Section 315(4)(c) — Meaning Includes Addition, Alteration, Omission or Repeal
PRINCIPLE STATEMENT
The word "modification" in the Constitution includes addition, alteration, omission, or repeal. The President's power under Section 315(2) to modify existing laws goes beyond mere "dotting i's and crossing t's"; it includes substantial changes to bring laws into conformity with the Constitution.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in A.G., Abia State & Ors v. A.G., Federation (2003) NLC-2272002(SC) at pp. 37–38; Paras D–A.
"The word 'modification' is defined in the Constitution to include 'addition, alteration, omission or repeal.' Thus, in exercising his power under Section 315(2), the President may add to, alter, make omissions in or completely repeal any provision of an existing law in so far as it is necessary or expedient to bring such existing law into conformity with the provisions of the Constitution. The power given to an appropriate authority (such as the President is) by subsection (2) of Section 315 cannot in my respectful view, mean just dotting the 'i's' and crossing the 't's' in an existing law. It goes further than that."
EXPLANATION / SCOPE
Modification includes substantial changes to existing laws. The principle applies to constitutional interpretation. The President has broad powers to adapt existing laws. The rule ensures conformity with the Constitution. The power is not limited to minor amendments. The principle is well-established.
