LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Guidelines — Administrative, Procedural and Evidential Guidelines — Validity
PRINCIPLE STATEMENT
Where guidelines or provisions impose substantive conditions for eligibility beyond those prescribed by section 222 of the Constitution, they are void, even if described as requirements for registration. Only administrative, procedural, or evidential guidelines are permissible.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in INEC & Anor v. Musa & Ors (2003) NLC-2282002(SC) at p. 23; Paras A–C.
"Where the requirements for registration stated in any guideline or in the Act are not purely administrative or procedural or evidential, but are substantive conditions for eligibility beyond the conditions prescribed by section 222, such guidelines or provisions would have enlarged the conditions of eligibility in section 222 and be consequently void, notwithstanding that they may have been described as requirements for registration."
EXPLANATION / SCOPE
Guidelines that impose substantive eligibility requirements beyond the Constitution are void. The principle applies to constitutional law. Only administrative, procedural, or evidential guidelines are valid. The rule protects the supremacy of the Constitution. The court will strike down inconsistent guidelines. The principle is well-established.
