CONSTITUTIONAL LAW — Legislative Competence — Concurrent Legislative List — Doctrine of Covering the Field
Ratio Decidendi
Per Uwais, CJN (as he then was), in Attorney-General Abia State v. Attorney-General of the Federation (2002) 17 WRN 1 at 99, adopted by Muntaka-Coomassie, JSC, in Osun State Independent Electoral Commission v. Action Congress (2010) NLC-123-265-2009(SC) at p. 29, para. E – p. 30, para. A:
"Where the doctrine of covering the field applies it is not necessary that there should be inconsistency between the Act of the National Assembly and the law passed by a House of Assembly. The fact that the National Assembly has enacted a law on the subject is enough for such law to prevail over the law passed by a State House of Assembly but where there is inconsistency, the state law is void to the extent of the inconsistency."
Explanation / Scope
This principle establishes the doctrine of covering the field: where the National Assembly has legislated on a subject, its law prevails over any State law on the same subject, even without direct inconsistency. The principle applies in constitutional law where legislative competence is in issue. It ensures that federal legislation prevails in areas of concurrent competence. The principle reflects the supremacy of federal law. It prevents state laws from contradicting federal legislation. The court must apply the doctrine where applicable. The principle provides guidance on resolving legislative conflicts.