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SECTION 4 OF THE CFRN LIMITS THE NATIONAL ASSEMBLY TO LEGISLATE

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Dictum

Section 4 of the constitution insists that each of the legislature, at the federal and state levels, must confine itself to its sphere of legislation viz; the items on each of the list. This means, that neither the National Assembly nor the house of the assembly of a state is at liberty to wonder off into the legislative arena of the other, where each of them strays into the legislative field of the other any law or provision which is an off shoot of that legislative invasion, as it where, on the legislative items is unconstitutional, null and void and stands the risk of being so declared by the court.’ See, page 123 of “GUIDELINES TO INTERPRETATION OF NIGERIAN STATUES” BY OBANDE FESTUS OGBUINYA. The National Assembly lacks the authority to empower the commission to operate on State roads or any other road that is not a federal trunk road.

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

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THE LIMIT OF THE NATIONAL ASSEMBLY TO MAKE LAW

The power of the National Assembly to make law for the Federation as well as the extent of exercise of such power is provided for in Section 4 thus: “(1) The legislative powers of Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a senate and a House of Representatives. (2) The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive list set out in Part I of the Second Schedule to this Constitution. The import of the above provision is that, in as much as the laws made by the National Assembly rank next in hierarchy to the Constitution, the provision of Section 4 (2) limits the powers of the National Assembly to make laws to those items set out in part I of the second schedule to the Constitution. Therefore, the power of the National Assembly to make law is not limitless but confined to those items listed in part I of the 2nd schedule of the Constitution i.e Exclusive list.

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

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LEGISLATIVE POWERS OF THE NATIONAL ASSEMBLY IS ITEMISED IN THE EXCLUSIVE LIST

In Nigeria, the operation of legislative powers by the national assembly and House of Assembly of a State is itemized in two list; the Exclusive Legislative list and Concurrent list, these vest powers on the legislature to legislate upon certain items. The exclusive list is the exclusive preserve of the National Assembly which has 68 items. The item Traffic on Federal Road” is provided for under item 63 2nd schedule part I in the Exclusive legislative list. Study of part I of the 2nd Schedule, Item 63 i.e “Traffic on Federal Trunk roads” gave rise to the promulgation of Federal Road safety Commission (Establishment) Act, 2007 by the National Assembly for the maintenance and security of public safety and order.

— A.O. Obaseki-Adejumo, JCA. FRSC v Ehikaam (2023) – CA/AS/276/2019

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