DAILY LAW TIPS (Tip 378) by Onyekachi Umah, Esq., LLM.
ACIArb(UK)
CAN THE HOUSE OF REPRESENTATIVES TAKEOVER ANY STATE
HOUSE OF ASSEMBLY IN NIGERIA.
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.
My authorities are sections 4, 11(3),(4),(5), 318 and 319 of the
Constitution of the Federal Republic of Nigeria, 1999.
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