When a bill passed by a Regional House of Assembly conflicted directly with a law enacted by the Federal Legislature on a matter situated within the Concurrent Legislative List under Nigeria's 1960 Independence Constitution, which rule governed the constitutional validity of the conflicting laws?
- The law enacted by the Federal Legislature prevailed, rendering the Regional legislation null and void to the extent of its inconsistency.Answer
- BThe Regional legislation took precedence within that Region's territory in order to preserve federal constitutional power sharing.
- CThe Governor-General exercised personal discretionary power to veto the federal law and uphold regional legislative sovereignty.
- DThe conflict had to be referred to the British Parliament as the legal sovereign to pass a resolving imperial amendment.
Answer
The law enacted by the Federal Legislature prevailed, rendering the Regional legislation null and void to the extent of its inconsistency.
The 1960 Independence Constitution contained an explicit doctrine of constitutional inconsistency. When both federal and regional legislatures had power to enact laws on items on the Concurrent Legislative List, any direct inconsistency was resolved in favor of the federal statute, voiding the regional provision to the extent of that inconsistency.
Step-by-Step Solution
Key Concept
Federal Supremacy Clause in Concurrent Legislative Matters under the 1960 Constitution