ICANBusiness LawNigerian Legal System and Sources of Law2024

A legal practitioner in Lagos is researching the legislative powers of the National Assembly and the State Houses of Assembly in Nigeria. She discovers that a State House of Assembly has enacted a law on a matter listed in the Concurrent Legislative List. The National Assembly subsequently enacts a federal law on the same matter, and the two laws are inconsistent. What is the legal effect of this inconsistency under the 1999 Constitution?

ABoth laws remain valid and courts apply the law that is more favourable to the litigant
BThe State law is void to the extent of its inconsistency with the federal lawCORRECT
CThe federal law is void because the State legislature acted first on the matter
DThe matter is referred to the Supreme Court to determine which law shall prevail
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Why the answer is B, and why the others tempt you.
Section 4(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) provides that if any law enacted by a House of Assembly is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail and the State law shall be void to the extent of its inconsistency. This principle applies specifically to matters on the Concurrent Legislative List where both the National Assembly and State Houses of Assembly have competence to legislate. The federal law's temporal sequence relative to the State law is irrelevant; federal supremacy on concurrent matters is absolute upon enactment.
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