Can The House Of Representatives Takeover Any State House Of Assembly In Nigeria. Daily Law Tips (Tip 378) by Onyekachi Umah, Esq., LLM. ACIArb(UK)
Both federal legislature and state legislatures are created by the constitution of the Federal Republic of Nigeria with powers to make laws. Federal legislature is the National Assembly and it is made up of the Senate and the House of Representatives. State legislatures are the State Houses of Assembly in the 36 states in Nigeria.
In situations of war or any other circumstance that makes a house of assembly unable to hold meetings and transact its business, the National Assembly has powers to takeover the house of assembly and make laws for peace, order and good government of the state but can not remove the governor or deputy governor of the state.
Note that the House of Representatives, alone, is not the National Assembly rather makes up the National Assembly along side the Senate. Hence, the House of Representatives, alone, cannot takeover a house of Assembly or exercise any the powers vested on the National Assembly to do or not to do anything. Any act done contrary to constitutional provisions is unconstitutional.
References:
Sections 4, 11(3),(4),(5), 318 and 319 of the Constitution of the Federal Republic of Nigeria, 1999.
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Feel free to reach the author, ask questions or make inquiries on this topic or any other legal issues via onyekachi.umah@gmail.com or +2348037665878.
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