Justice Rakiya Haastrup of the Sokoto Judicial Division of the National Industrial Court has delivered a landmark judgment.
The judgment delivered on Wednesday involved Kebbi State’s Political and Public Office Holders (Salaries and Allowances) Law of 2010.
Background
The case revolved around the claimant, Justice M. S. Ambrusa (RTD), a retired Chief Judge of the Kebbi State High Court, who asserted that the Kebbi State Government should adhere to the constitutional provisions for calculating retirement benefits.
The claimant argued that if the National Assembly has established provisions, especially for the remuneration of Judicial Officers, a State House of Assembly cannot enact laws inconsistent with these federal laws.
In response, the defendant, the Kebbi State Government, argued that the 1999 Constitution (as amended) allows State Houses of Assembly to legislate on the payment of retirement benefits to Judicial Officers.
They contended that the use of the word ‘or’ in the Constitution separates two situations, and the State House of Assembly has the authority to enact such laws.
In turn, the claimant’s counsel insisted that when the National Assembly or the Constitution has already made provisions on a subject matter, a State House of Assembly cannot enact laws that alter or conflict with those earlier statutes.
The Constitution, being the supreme law, prevails over any other legislation.
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Court’s Decision
In delivering the judgment, Justice Haastrup nullified Section 4 of the Kebbi State Law, deeming it inconsistent with the provisions of the Nigerian Constitution of 1999 (as amended).
She held that if a subject falls within the concurrent legislative list and has been legislated upon by the National Assembly, a State House of Assembly cannot pass legislation on the same matter, as the National Assembly’s act takes precedence.
The court also noted that since the Federal enactment, specifically the Certain Political, Public and Judicial Office Holders (Salaries and Allowances, etc.) (Amendment) Act, 2008, is in effect, the Kebbi State Government, through its State House of Assembly, cannot legislate on the subject matter.
She highlighted inconsistencies in the figures and amounts stipulated in the Kebbi State Law, which were contrary to the federal provisions.
The judgment held that the Kebbi State Government should rely on the constitutional provisions for calculating the retirement benefits of Justice M. S. Ambrusa (RTD) instead of Section 4 of the Kebbi State Law No. 25 of 2010, as previously applied by the State Government.
Justice Haastrup also granted a perpetual injunction order, preventing the Kebbi State Government from further utilizing Section 4 of the Kebbi State Law No. 25 of 2010 when determining the remuneration of Judicial Officers.
This, the court held, should be in accordance with the provisions outlined in the Nigerian Constitution of 1999 (as amended).
As a result of this judgment, the court awarded a sum of N100,000 in favor of retired Justice M. S. Ambrusa.
