When Can National Assembly Takeover A State House Of Assembly And Make Laws For A State In Nigeria. Daily Law Tips (Tip 381 ) 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.
Where there is war in Nigeria, the National Assembly can make laws on any issue for peace, order and good government of Nigeria or any part of it as may be necessary for defence of Nigeria.
Another time when National Assembly can takeover a house of Assembly and make laws for the state, is when a house of assembly for any prevailing reason is unable to perform its functions. A house of assembly is said not be able to perform its function, when it cannot hold meetings and transact business. In such situation, National Assembly can take over such house of assembly and make laws for peace, order and good government of the state until the house of assembly can resume its function. Note that, National Assembly cannot remove the governor or deputy governor of such state. Hence, no any takeover of any house of assembly in Nigeria 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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