By Hameed Ajibola Jimoh Esq.

Nigeria as a nation and a country celebrates her Independence Day Anniversary every 1st day of October of every year. The 1st day of October, 2020, was the 60th Independence Day Anniversary of the Federal Republic of Nigeria.

No doubt, the Constitution of the Federal Republic of Nigeria, 1999 (as amended) has laid foundation for the enactment of laws to govern Nigeria for all the various levels of the government vis-à-vis: the Federal; State; and the Local Government. Since Nigeria gained independence, there have been several Constitutions that have been either repealed or amended as the case might be to suit various circumstances as well as statutory legislations, which have undergone several repeal and or amendments for the 60th years’ durations. Take for instance, it is observed by Ese Malemi in his book ‘The Nigerian Constitutional Law, Princeton Publication Co., Ikeja, Lagos, Nigeria, First Edition, 2006, page 38 thus ‘From 1960- 1966, Nigeria practiced parliamentary democracy based on the British Model. From 1979- 1983, and from 1999 to date, Nigeria is practicing presidential democracy based mainly on the United States Model’. This book further states (at this page 38) the various Constitutions since Nigerian independence since 1960 and their year of adoption thus: 1960 Independence Constitution- adopted in 1960; 1963 Republican Constitution- adopted in 1963; 1979 Constitution- adopted in 1979; 1989 Constitution- adopted in 1989; the 1995 Draft Constitution (Gen. Sani Abacha)- adopted in 1995; 1999 Constitution- adopted in 1999’. It is however observed that the various statutory legislations that have been severally enacted by Nigerian legislations of: the Federal; State and Local Governments have not been compiled till date to enable easy access by members of the public, legal practitioners, judges, legal researchers and students of law and other interested members of the public as they have remained in a scattered form/pieces. That is why I humbly by this paper call on all the relevant authorities at both the Federal, State and the Local Governments all across the Federal Republic of Nigeria and those in charge of law reform at all these tiers to review all the laws having effects/force of law in the past and the present and to make same to be in a reviewed laws/compendium so that legal researches would be easy in the interest of a progressive Nigeria.

It is no doubt that Nigeria operates a Federal System of Government. On this status of Nigeria, Ese Malemi has this to say at page 26 of his book (supra) thus ‘A Federal System of government is an association of free states where power is constitutionally shared by the federal, state and local councils, and with each tier of government exercising its constitutionally assigned powers and functions. A federal constitution or federal system of government is one that provides for separate structures of government at the national, state and local councils and with each tier having its own constitutionally assigned powers and duties. The powers of the different tiers of government are usually spelt out in legislative lists in the constitution of the country. The exclusive legislative lists which is for the federal government usually covers items such as aviation, banks, bills of exchange, …Whilst other matters are reserved in the concurrent legislative list in respect of which both the Federal and State governments are free to legislate, provided that where there is a clash of laws, the law of the federal government usually prevails because it is the superior law, or because it has covered the ground. Thirdly, the functions of a local government council are also clearly spelt in the constitution. Thus, there is division of powers in the constitution among the different tiers of government, each deriving its powers from the constitution. A federal country usually has a written and rigid constitution, duplication of government at all levels of government and so forth. The Unite States of America, which is an advanced federation is the best example of a country running a federal system of democracy. Switzerland, Germany, Australia, and Canada are federations. Nigeria is a growing federation’. Nevertheless, I wish to observe and add that apart from all the above legislations mentioned by Ese Malemi (op.cit), there exists the Residual Legislative List. See the case of: A.G. Federation v A.G. Lagos State (2013) 16 NWLR (Part 1380) 249 SC. where the Supreme Court held thus: ‘Section 4 of the Constitution of the Federal Republic of Nigeria, 1999, divides legislative powers between the National Assembly for the Federation and the House of Assembly for the State in the exclusive and concurrent legislative list. The National Assembly has exclusive power to legislate for the Federal Republic or any part thereof in respect of matters in the exclusive list. The National Assembly also has power to legislate, though not exclusively, on matters in the concurrent legislative list set out in the first column of Part II of the Second Schedule to the Constitution and on any other matter with respect to which it is empowered to make laws. The House of Assembly of a State has power to make laws for the State or any part thereof on any matter not included in the exclusive legislative list, on any matter in the concurrent legislative list and on any other matter for which it is empowered to make laws. The House of Assembly of a State also has exclusive power to legislate on residual matters; that is, matters that are not in the exclusive and concurrent legislative lists’.

Furthermore, having regard to the established facts that majority if not all Nigerian laws at all tiers of government are not in a compiled compendium necessitate an urgent need for such laws to be reviewed, compiled and codified in both hardcopies and on the website of the Federal, State and the local governments respectively as applicable. Even I myself, as a legal researcher, a legal practitioner and a human rights and socio-economic rights activist face great difficulty in accessing various relevant laws of either the Federal or the State or the local governments where and when there is urgent need for same.

Therefore and finally, I humbly recommend an urgent review, compilation and codification of all past and present laws of Nigeria that are still having the force of law for easy access by members of the public.

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