LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Legislative Judgment — Attributes of Legislative Judgment Denoting Usurpation of Judicial Functions
PRINCIPLE STATEMENT
A legislative judgment is an enactment where the legislature wears the garb of a conviction, transmuting itself into a court while exercising legislative functions. Common and constitutional law condemn this as an aberration. The legislature is suited to make laws, not interpret laws, inflict convictions, or make judgmental decisions.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in A.G., Adamawa State & Ors v. A.G., Federation & Ors (2005) NLC-1442004(SC) at pp. 68–70; Paras D–B.
"What is a Legislative Judgment? … It is an enactment by the legislature wearing the garb or having a colouration or flavour of a conviction (the legislature transmuting itself more or less into a court) of a person while merely exercising its legislative functions. Both the common law and the constitutional law not only regard it as an aberration but condemn such a tendency for it should be known that while the legislature is most suited to make laws, it is neither invested with the power to interpret laws nor inflict or impose convictions or assume powers to make decisions with judgmental flavour as it is most unsuited for and is not trained or possessed of the knowledge to do any of the above."
EXPLANATION / SCOPE
Legislative judgment occurs when the legislature acts like a court, adjudicating specific persons or cases. Such enactments are constitutional aberrations condemned by law. The principle applies to constitutional law and separation of powers. The rule preserves the judiciary’s exclusive role in adjudication. The legislature cannot convict, interpret laws for specific cases, or make judgmental decisions. Doing so usurps judicial functions.
