CONSTITUTIONAL LAW — Nullification of Enactment — Effect on Rights and Liabilities Accrued Thereunder — Distinguished from Continuing in Office
Ratio Decidendi
Per Ogbuagu, JSC (attribution to be confirmed), in Osun State Independent Electoral Commission v. Action Congress (2010) NLC-123-265-2009(SC) at p. 73, para. E – p. 74, para. C:
"The nullification also does not affect the status of the appellants as Chairmen of their respective Local Government councils during the life span of the enactment under which they were elected i.e prior to the nullification... To say that the people elected under a law which has been declared null and void must continue to remain in office, may be indefinitely or till the end of their tenure assigned by law so annulled is not only contrary to common sense but would amount to allowing the appellants to keep what had been found to have been gotten wrongly or illegally."
Explanation / Scope
This principle establishes that nullification of a law does not affect rights accrued during its lifespan but does not allow persons elected under a nullified law to continue in office after nullification. The principle applies where laws are declared null and void. It ensures that accrued rights are protected but illegal continuation is prevented. The principle reflects that nullification has prospective effect. It prevents persons from benefiting from a nullified law. The court must distinguish between accrued rights and continuing illegality. The principle provides guidance on the effect of nullification.