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A.G OGUN STATE v. A.G FEDERATION

(1982) JELR 87087 (SC)

Supreme Court  •  SC.53/1981 (CONSOLIDATED)  •  15 Feb 1982  •  Nigeria

Coram
ATANDA FATAYI-WILLIAMS..... Justice, Supreme Court SIR UDO UDOMA..... Justice, Supreme Court AYO G. IRIKEFE..... Justice, Supreme Court MOHAMMED BELLO..... JusticATANDA FATAYI-WILLIAMS..... Justice, Supreme Court CHUKWUNWEIKE IDIGBE..... Justice, Supreme Court KAYODE ESO..... Justice, Supreme Court ANTHONY N. ANIAGOLU..... Justice, Supreme Court CHUKWUNWEIKE IDIGBE..... Justice, Supreme Court KAYODE ESO..... Justice, Supreme Court ANTHONY N. ANIAGOLU..... Justice, Supreme Court

Judgement

A. FATAYI-WILLIAMS, C.J.N (Delivering the Lead Judgment):

Section 69, subsections 1(a), 1(b), (4) and (5) of the Constitution of the Federation of Nigeria, 1963, provide as follows:-

"(1) Parliament shall have power to make laws-

(a) for the peace, order and good government of Nigeria (other than the Federal Territory) or any part thereof with respect to any matter included in the Legislative Lists; and

(b) for the peace, order and good government of the Federal Territory with respect to any matter, whether or not it is included in the Legislative Lists.

X X X X

(4) If any law enacted by the legislature of a Region is inconsistent with any law validly made by Parliament, the law made by Parliament shall prevail and the Regional law shall, to the extent of the inconsistency, be void.

(5) Subject to the provisions of subsection (4) of this section, nothing in this section shall preclude the legislature of a Region from making laws with respect to any matter that is not included in the Exclusi…

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