Agbakoba writes Senate on the Supremacy Clause in the Nigerian Constitution
Dr Olisa Agbakoba, (SAN) has written to Senate in respect of the amendment of Section 1(1) of the Constitution on the so-called Supremacy Clause, provided at Chapter 1, Part 1 of the Constitution which provides as follows at Section 1.
- (1) This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.
This is the Supremacy clause rendering inconsistent and void, any law that is contrary to the Constitution. It is suggested that a new sub-section (4) should be added, that provides a consequence by incorporating a DECLARATION of Invalidity Clause. A declaration of invalidity enables a Court of competent jurisdiction, upon proof of the inconsistent Law to immediately declare it invalid without the rigors of a Trial. This will strengthen the sanctity of the Constitution.
