CONSTITUTIONAL LAW — Legislation — Commencement of Act — Presidential Assent
Ratio Decidendi
Per Onnoghen, JSC, in Ogboru & Anor v. Uduaghan & Ors (2011) NLC-123-361-2011(SC) at p. 19; Paras A—C:
"It is clear from the above constitutional provisions that any Bill passed by the National Assembly must be assented to by Mr. President before it becomes an Act of the National Assembly or comes alive and be enforceable. It is also very clear that the date Mr. President signs or assents to the Bill is very crucial in determining when the Bill becomes an Act except otherwise stated."
Explanation / Scope
This principle establishes that a Bill passed by the National Assembly requires presidential assent to become an enforceable Act, and the date of assent is crucial in determining commencement. The principle applies in legislation. It ensures that Acts are properly commenced. The principle reflects the requirement for assent. It prevents enforcement before assent. The court must determine the commencement date. The principle provides guidance on legislation.