CONSTITUTIONAL LAW – SUPREMACY OF THE CONSTITUTION – Nature and effect of the supremacy of the Constitution

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“It ought to be reiterated, for the avoidance of any lingering doubt, that by virtue of the provision of the 1999 Constitution, as amended (supra), the Constitution is supreme. And the provisions thereof shall have absolutely binding effect upon all authorities and persons throughout the Federal Republic of Nigeria. Thus, if any law is inconsistent with the provisions thereof, the Constitution shall prevail; and that other law so called, shall to the extent of the inconsistency, be void. And I so hold. See Section 1(1)(3) of the 1999 Constitution, (Supra): 1-(1) The Constitution is Supreme and its provision shall have binding force on all authorities and person throughout the Federal Republic of Nigeria. (3) if any other law is inconsistent with the provisions of this Constitution, this shall prevail, and that other law shall to extent of the inconsistency be void.” Per SAULAWA, JSC in APC & ORS v. ESIEC & ORS (2021-LCER-40460-SC) (Pp 73 – 74 Paras F – D).

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