Principle Statement

The offence of armed robbery is neither in the Exclusive list or the Concurrent list. It therefore can be at no other place other than the realm of residuary matters which is within the competence of a State Assembly to legislate on.

Ratio Decidendi (Source)

Per Aderemi, JSC, in Tanko v. State (2009) NLC-123-53-2008(SC) at p. 9; Paras A–B.

"The offence of armed robbery is neither in the Exclusive list or the Concurrent list. It therefore can be at no other place other than the realm of residuary matters which is within the competence of a State Assembly to legislate on."

Explanation / Scope

This principle establishes that armed robbery is a residual matter within the legislative competence of State Assemblies. It is not listed in the Exclusive or Concurrent Legislative Lists of the Constitution. Therefore, State Assemblies have the power to legislate on armed robbery. The principle applies in determining legislative competence. It ensures that the division of legislative powers is respected. The principle reflects the constitutional distribution of powers. It prevents the National Assembly from legislating on matters not allocated to it. The court must determine whether a matter is in the lists. The principle provides clarity on legislative jurisdiction.

Cases Applying This Principle