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