CONSTITUTIONAL LAW — Inconsistency of Laws — State Law Void to Extent of Inconsistency — Section 4(5) of 1999 Constitution
Ratio Decidendi
Per Ogbuagu, JSC (attribution to be confirmed), in Osun State Independent Electoral Commission v. Action Congress (2010) NLC-123-265-2009(SC) at p. 72; Paras B–C:
"If any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall to the extent of the inconsistency be void."
Explanation / Scope
This principle establishes that where a State law is inconsistent with a validly made National Assembly law, the National Assembly law prevails, and the State law is void to the extent of the inconsistency. The principle applies in constitutional law. It ensures the supremacy of federal law. The principle reflects Section 4(5) of the 1999 Constitution. It prevents State laws from conflicting with federal legislation. The court must declare the State law void to the extent of inconsistency. The principle provides guidance on resolving legislative conflicts.