Principle Statement

The Governor of Lagos State cannot set up a Tribunal of Inquiry regarding matters in the Exclusive Legislative List, which are reserved for the National Assembly. The seven terms of reference are outside the Governor's powers.

Ratio Decidendi (Source)

Per Tobi, JSC, in A.G., Lagos State v. Eko Hotels Limited & Anor (2006) NLC-123-147-2002(SC) at pp. 70–71; Paras D–A.

"The Governor of Lagos State cannot set up a Tribunal of Inquiry in respect of matters in the Exclusive Legislative List, which are reserved for the National Assembly to legislate. I have carefully examined the seven terms of reference and I am of the view that they are outside the powers of the Governor of Lagos State."

Explanation / Scope

State governors cannot legislate on matters in the Exclusive Legislative List. The principle applies to constitutional law.

Cases Applying This Principle