18 of the Constitution. [54] Based on the foregoing, NTDC issued a public notice advising all operators of hotels, and companies alike to disregard the earlier notice issued by the Lagos State Government. The only area of conflict between the National and State legislature is the exact limit and scope of residual power which contains everything not included in exclusive or concurrent legislative list. at 638. The powers of the states’ governments, too, rest upon the people. It is the duty of the Courts to serve justice in every case, whether given in this code or not, brings with it the important power to do justice in the absence of a definite or separate provision. [51] The apex court, following the conflict between the federal government and Lagos State over registration of hotels and tourism establishments, evinced the argument about legality of such action.[52]. Inherent powers doctrine refers to the principle by which the courts deal with diverse matters over which they are thought to have intrinsic authority like procedural rulemaking and general judicial housekeeping. 3 Nos. Neither level of government, national nor state for its existence depends upon the other, but are equal partners in another sense. To avert a nationwide strike of steel workers that he believed would jeopardize the national defense, President Truman, on April 8, 1952, issued an executive order directing the Secretary of Commerce to seize and operate most of the steel industry of the country.1FootnoteE.O. It is perhaps, appropriate to revisit an awkward development that reared its head under the 1979 Constitution.
Again, the Constitution being the principal law of a state cannot contain in detail all the rights, duties and obligations of citizens, government and her apparatus, therefore the doctrine of residual power emerges after exclusive and concurrent[7] legislative lists. . As detailed above in Mccullock V Maryland. Section 152 of CPC deals with the “Amendment of judgements, decrees, and order.” According to Section 152 of CPC, Court has the power to change (either by own actions or on the application of any of the parties) written or arithmetical mistakes in judgments, decrees or orders or faults arising from an unexpected lapse or imperfection. [13], In a way, the Concurrent Legislative List contains an element of exclusivity within itself for the state, as well as it being empowered to make laws with respect to antiquities and monuments. However, this expression is not vague and indeterminate notion of justice according to laws of the land and statutes. The paper concludes by recommending a strict constructionist approach in construing the constitution on whether the implied or inherent powers should be assigned to the National Assembly in Nigeria. See, also Oyelowo O.Oyewo, art.cit, 42 fn 2. In the majority with Justice Black were Justices Frankfurter, Douglas, Jackson, Burton, and Clark.
Both governments can, in theory at least, act on the matter.
JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. However, in view of the clamour for devolution of power in Nigeria, it is not advisable for the constitution to be amended to give more power to the centre. [38], Whether a Court can exist without Inherent Powers, A court cannot exist without inherent powers. They are not substantive rights and cannot be used at the cost of substantive law.
Constitutional Basis of Legislative List in a Federation, According to Akande, this important subject of distribution of legislative powers between the Federal and State Governments is embodied in the second Schedule.
Since section 40 vests in every person the right to freely associate with other persons and belong to any political party, an Act of the National Assembly or a guideline of the first appellant ambitiously trying to take away the rights guaranteed in the section cannot stand. Section 151 of the Civil Procedure Code refers to the exercise of the inherent powers to deals with situations where abuse of the process of the court occurs. The Supreme Court in suit number SC. In this regard, the AGF on behalf of the Federal Government commenced an action at the Supreme Court against Lagos AG, by way of originating Summons challenging the validity of the laws enacted by the House of Assembly of Lagos State. Thus, if a legislature clearly shows its intention of “covering the field” (a doctrine well known in Australia and United State of America) that is a conclusive test of inconsistency.[23].
This is the net effect of the expression “subject to” in paragraph 5. There are at least four different techniques that are evident in the concurrent list adopted by the Constitution.
The reason for this action was that the valuation of hereditaments fell within the responsibility of Local Government of the state and not the State Government. Now, the techniques: The first instance is item A on Allocation of revenue.
the jurisdiction, powers, practice and procedure of courts of law: and. J.R. vol. [111] Alas, certain Governors elected under that Constitution invented and purported to exercise inherent powers, neither derived from any constitutional warrant nor anchored on any legislative fiat. Many of these are contained in section 8 of Article 1. However, by virtue of sections 4 (4) (b) and 299 of the 1999 Constitution, the subject of town and regional planning, as far as the Federal Capital Territory IS concerned, is the residual matter for the National Assembly.[133]. 74. Doc. 496, 82d Congress, 2d sess. An Examination of the Doctrine of Implied and Inherent Power of the National Government and the Residual Power of State in a Federation: Two Doctrines in Perpetual Conflict By Shittu A. Bello, Ph.D Faculty of Law, Leadcity University Ibadan, Dr Simon O. Abifarin, College of Law, Joseph Ayo Babalola, University Ikeji Arakeji, 3 The doctrine of implied powers; 4 Express and implied competences under the TFEU; 5 Competence to conduct a Common Foreign and Security Policy; 6 The life cycle of international agreements; 7 Mixed external action and membership of international organizations; 8 The courts and international agreements ; 9 The legal effects of international law; 10 Common commercial policy; 11 Common … Federation.
1984) p. 13 cited in Oyelowo O. Oyewo, “The Legislative Powers of the National Assembly: The Exclusive and Concurrent Legislative Lists”, in I.A. If the necessary court fee is paid within the time set by the court, it cannot be negotiated as time-barred. Ogun v. A.G. federation (2002) 18 NWLR (pt 798) 232 and so on, [118] Electoral Act 2001 now amended as Electoral Act 2010, [119] See, The Guardian, Tues. Nov. 19, 2002, 12, [120] See, the submission of F.R.A. [1] It may also be said that the government is a republic or representative democracy. The national government, possessed enumerated powers only, and establishing a bank was not one of them. The appellant then sued.
The President promptly reported his action to Congress, conceding Congress’s power to supersede his order, but Congress did not do so, either then or a few days later when the President sent up a special message.2FootnoteH. Summary of Provisions of Inherent powers of Courts.
It is the duty of the Courts to serve justice in every case, whether given in this code or not, brings with it the important power to do justice in the absence of a definite or separate provision.
[4] R.B. In effect, the draftsman intended to subordinate the exercise of legislative power by a State House of Assembly to the exercise of legislative power by the National Assembly on the subject of archives and public records of the Federation. The obligation of Courts to ensure justice in every case, whether or not it is backed through an express provision, makes these inherent powers of the Court a necessary feature of the Indian judicial system. Popoola, “The Legislative Powers of the National Assembly…” art. This power is said to be the inherent power that is maintained by the court, though not conferred. Powers held by the U.S. President which are not specified in the Constitution [128], These authoritative and weighty words emanating from the apex court were not lost on the addressees.
It is the State government that has the residual powers. The phrase (subject to) has been constructed to render the provision to which it is subject conditional upon compliance with what is required in the provision referred to. Exercising competence over the whole field of University education, for instance, implies that only the Federal Government, to the exclusion of the state governments, can make regulations relating to standards, mode of admissions, such questions like free education at the University level and so on. Nwabueze, The Presidential Constitution, Op. They cannot be applied if they are incompatible with what has been expressly mentioned in the Code. In some constitution, residual powers are exercised by both governments. Thus, there are essentially three possibilities. Abuse of the powers of the court which happens in unfairness to party needs to get relief on the ground that the act of a court shall not prejudice anyone. This paper argues that this dictum applies to the interpretation of paragraph 5 notwithstanding that the expression “subject to” is not used at the commencement of the section. [91], Tobi JSC, speaking for the full court, answered in the affirmative.
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