LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Legislative Competence — Tribunals of Inquiry — Power to Enact General Law
PRINCIPLE STATEMENT
The power to make a law under the 1999 Constitution for the establishment of a Tribunal of Inquiry is now a residual power which only the States can promulgate. The National Assembly can only pass such law in regard to the Federal Capital Territory, Abuja.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in Fawehinmi & Ors v. Babangida & Ors (2003) NLC-3602001(SC) at pp. 19–20; Paras A–C.
"The power to make a law under the 1999 Constitution for the establishment of a Tribunal of Inquiry is now a Residual Power which only the States can promulgate. The National Assembly can only pass such law in regard to the Federal Capital Territory, Abuja."
EXPLANATION / SCOPE
Tribunals of inquiry are within state legislative competence. The principle applies to constitutional law. The National Assembly’s power is limited to the FCT. The rule reflects the distribution of powers under the 1999 Constitution. States have residual power over tribunals of inquiry. The principle is well-established.
