International Journal of Business & Law Research 3(2):82-87, April-June 2015


SEAHI PUBLICATIONS, 2015

DELEGATED LEGISLATION AND DELEGATION OF POWERS IN THE NIGERIA ADMINISTRATIVE LAW CONTEXT



CHIGOZIE NWAGBARA

Law Author & Lecturer, Faculty of Law, Nigeria Police Academy, Wudil, Kano State, Nigeria
Email: hichibaby@yahoo.com, +2348033335091

ABSTRACT
This paper examines the concepts of Delegated Legislation and Delegation of Powers under Nigeria Administrative Law with reference being made to the 1999 Constitution of the Federal Republic of Nigeria. The two concepts are closely related and are no doubt often misunderstood by those who read the Works of some great Text Writers on this area of Law. This paper has clearly distinguished both concepts, discussed their relevance and usefulness to modern day governance because the fact is that the Government at the Federal, State and Local Government Levels have got to delegate its functions if its impact must positively affect the people, especially in a massively populated country like Nigeria where majority of the populace are rural dwellers. Arguments against the exercise of delegated Legislation and delegation of powers abound, but the need to go ahead and exercise them supersede arguments against their use, as anarchy will be inevitable if delegation of power and delegated legislation are not in many cases exercised. It is never an easy task to control human beings, and it is far worse when we are talking about millions of people. No one person alone can control an entire Nation so peacefully, devoid of any crisis anywhere in the World. Therefore, it becomes indispensable that powers and legislation must be delegated to certain Persons or Administrative Authorities/Bodies subject to certain conditions. This paper lastly discusses the different methods of control of delegated legislation, tells us the stages when Judicial Review may apply, and while elaborating on delegation of Power, it goes on to highlight the factors necessary for a proper delegation of power and talks about the Rule against Sub Delegation.
Keywords : Delegation of Power, Delegated Legislation, 1999 Constitution of the Federal Republic of Nigeria, Legislative Control, Executive Control, Judicial Control, Judicial Review