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CHAIRMAN, LAGOS EXECUTIVE DEVELOPMENT BOARD VS JAMIL SAID AND OTHERS

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CHAIRMAN, LAGOS EXECUTIVE DEVELOPMENT BOARD VS JAMIL SAID AND OTHERS

Legalpedia Citation: (1967-02) Legalpedia 80655 (SC)

In the Supreme Court of Nigeria

Holden at Abuja

Thu Feb 9, 1967

Suit Number: SC 340/1966

CORAM


ADEMOLA CHIEF JUSTICE, NIGERIA

BRETT JUSTICE, SUPREME COURT

AJEGBO JUSTICE, SUPREME COURT

COKER JUSTICE, SUPREME COURT

LEWIS JUSTICE, SUPREME COURT


PARTIES


APPELLANTS


JAMIL SAID AND OTHERS

RESPONDENTS 


AREA(S) OF LAW


CONSTITUTIONAL LAW – PROCEDURE FOR AMENDMENT OF THE CONSTITUTION-PREAMBLE

 


SUMMARY OF FACTS

The parliament made a law, the Lagos Town Planning (Compensation) Act, 1964, to provide with retrospective effect for the compulsory acquisition of certain interests in property without the payment of adequate (or any) compensation and notwistanding the provisions of section 31 of the constitution. The procedure for amendment of the constitution was followed.

 


HELD


The court held that the Act amended the constitution and was valid.

 


ISSUES


1. Whether it was essential for an Act altering the Constitution to have a preamble.

2. Whether the Act is an amendment to the Constitution.

3. Whether the Act is valid

 


RATIONES DECIDENDI


PURPOSE OF PREAMBLE’S IN STATUTES


1. ‘A preamble may of course be included in an Act so as to make clear the object of the Legislature and if there is a preamble, that can be looked at as a guide to the intention of the Legislature if the wording of a provision of the Act itself creates doubt as to what is its meaning, but there is no legal requirement to incorporate a pre-amble in an Act, be it altering the Constitution or otherwise.’ Per Lewis J.S.C

 


MEANING OF CONSTITUTIONAL AMENDMENT


2. ‘A constitutional amendment is only a constitutional amendment if the contents of the Act are such as to alter the provisions of the Constitution within the meaning of section 6(b) of the Constitution of the Federation.’ Per Lewis J.S.C

 


CASES CITED


1. Attorney-General v. McBride 19281.R. 451 and R. v. Clinton 1935 I.R. 170

2. McCawley v. R. (1920) A.C… 691

 


STATUTES REFERRED TO


1. The Lagos Town Planning (Compensation) Act, 1964

2. The Constitution of the Federation 1963

 


CLICK HERE TO READ FULL JUDGMENT

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