Background
This case revolves around the constitutionality of the Allocation of Revenue (Federation Account, etc.) Act, 1981, passed by the National Assembly of Nigeria. The Attorney-General of Bendel State initiated proceedings against the Attorney-General of the Federation and twenty-two other State Attorneys-General challenging the validity of the Act which purported to allocate public revenue among various tiers of government. The plaintiff argued that the legislative process, as per the 1979 Constitution, was not duly followed.
Issue
The critical issues for determination were whether the Act was passed in accordance with the constitutional provisions and the jurisdictional question of whether the Supreme Court had the authority to adjudicate on legislative procedures.
Ratio Decidendi
The court pronounced that the constitutional provisions regarding the legislative process must be strictly followed. The Supreme Court affirmed that it possesses jurisdiction to review the process by which a law is passed and can declare such law invalid if the legislative process contravenes the Constitution.
Court Findings
- Commencement and Completion of Legislative Process: The court identified that the legislative process commences when a Bill is introduced and ends at the point the President assents to it. Both phases must comply with the regulations set out by the Constitution.
- Separation of Powers: The court reinforced the principle of separation of powers, asserting that legislative authority cannot be delegated or bypassed.
- Constitutional Supremacy: As per section 1 of the 1979 Constitution, any law inconsistent with its provisions is null and void.
Conclusion
Overall, the court deemed the Allocation of Revenue (Federation Account, etc.) Act, 1981 unconstitutional and thus rendered it void. The court ruled that the process of passing the Bill through a Joint Committee of the National Assembly without returning it to both Houses for approval was a significant breach of the legislative procedures as prescribed by the Constitution.
Significance
This landmark ruling underscored the judiciary's role in ensuring that legislative bodies adhere strictly to constitutional processes, reinforcing the checks and balances within the Nigerian constitutional framework.