Power of the Legislature to Make/Amend Laws; Power of the Courts where a Statute is Enacted in Breach of the Constitution

CASE TITLE: NWOKEDI v. ANAMBRA STATE GOVT & ANOR (2022) LPELR-57033(SC)

JUDGMENT DATE: 4TH FEBRUARY, 2022

PRACTICE AREA: CONSTITUTIONAL LAW

LEAD JUDGMENT: ABDU ABOKI, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the constitutional validity of the Anambra State Public Officers’ Salaries Law No, 7 of 2001.

FACTS

This appeal emanated from the judgment of the Court of Appeal, sitting at Enugu, delivered on the 6th of December, 2013.

The Appellant as Plaintiff took out a Writ of Summons seeking the following reliefs against the Respondents:

i. Declaration that the Plaintiff has complied with the provisions of the State Proceeding Law as well as the Local Government Law relating to service of notice which is the maximum legal requirement.

ii. N5.5 Million Naira being underpayment of Plaintiff’s salaries from June, 1999 to May, 2003.

iii. N1.14 Million Naira being Plaintiff’s entitlement for accommodation.

iv. N1.14 Million Naira being Plaintiff’s entitlement as furniture allowance.

v. N1.14 Million Naira being Plaintiff’s entitlement as severance gratuity.

v. An order directing the 1st Defendant to pay the Plaintiff the claimed sums from source, out of the State Joint Local Government Account, from the monies due to the 2nd Defendant from the said account.”

The story of the Appellant is that he was a Councillor duly elected in 1999 and served the 2nd Respondent until the termination of the tenure of his office in May, 2002. In the course of his service as Councillor, there arose controversies with respect to the proper remuneration payable to him. Eventually, the Appellant’s remuneration formed the subject matter of recommendation of the Federal Revenue Mobilization Allocation and Fiscal Commission, which fixed salaries of all Political Office Holders at all levels of Government and sent out circulars to that effect. Subsequently, the 1st Respondent, through the Anambra State House of Assembly, passed a law called (the Anambra State of Nigeria, Public Officers’ Salaries Law No. 7 of 2001), which codified the Circular of the Federal Revenue Mobilization, Allocation and Fiscal Commission. According to the Appellant, since the passing of the Law No. 7 of 2001, the Appellant, through their umbrella body; the Anambra State Councillors Forum (ASCOF) made several representations to the Respondents to pay him his salary, all to no avail.

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The Respondents denied the claims of the Appellant and posited that the Appellant’s claim is unconstitutional, being in breach of Sections 80(1) and 124 of the CFRN 1999, as amended.

At the conclusion of the trial, the learned trial judge in his judgment delivered on the 26th of April, 2006, dismissed the Appellant’s case and held that the Anambra State House of Assembly exceeded her powers when she enacted Law No. 7 of 2001, purporting to have charged salaries and emoluments of Councillors into the Consolidated Revenue Fund of the State.

Dissatisfied with the decision of the trial Court, the Appellant appealed to the Court of Appeal which dismissed the appeal hence this further appeal to the Supreme Court.

ISSUES FOR DETERMINATION

The appeal was determined on the following issues:

1. Whether the Court of Appeal was correct when they(sic) held that Local Government Councillors do not come within the purview of “Political Office Holders” in Section 32(d) Item N, Part I of the Third Schedule to the 1999 Constitution of Nigeria, as amended?

2. Whether the Court of Appeal was correct, when they(sic) held that the Law No. 7 of 2001 Anambra State Public Officers’ Law, was enacted, ultra vires the Anambra State House of Assembly and is as a result inconsistent with the provisions of the 1999 Constitution of Nigeria, as amended, if yes, did the trial Court have the jurisdiction and competence to declare it null and void?

DECISION/HELD

The appeal was dismissed

RATIOS:

• CONSTITUTIONAL LAW – CONSTITUTIONAL PROVISION: Whether a Local Government Councillor comes within the purview of political office holders as provided for in the Constitution whose salaries shall be determined and charged upon the Consolidated Revenue Fund of the State by the Revenue Mobilization Allocation and Fiscal Commission
• CONSTITUTIONAL LAW – CONSTITUTIONAL VALIDITY OF LEGISLATION: Whether the Anambra State Public Officers’ Salaries Law No, 7 of 2001 is inconsistent with Section 124(4) of the 1999 Constitution, as amended and ultra vires the powers of the Anambra State House of Assembly
• CONSTITUTIONAL LAW – SUPREMACY OF THE CONSTITUTION: Effect of any Law or Act that is inconsistent with the Constitution
• LEGISLATURE – LEGISLATIVE POWER: Power of the National Assembly and State House of Assembly to make/amend laws; power of the Courts where a statute is enacted in breach of the Constitution