Control of Delegated Legislation in Nigeria: a myth or a reality?

Authors

  • Kingsley Osinachi N. Onu Adeleke University

DOI:

https://doi.org/10.35335/legal.v11i3.329

Keywords:

Delegated Legislation, subsidiary legislation, power, control of delegated legislation, Nigeria

Abstract

It is a common saying that power corrupts and absolute power corrupts absolutely, so is the case with delegated legislation. The legislature sometimes delegates its law making power(s) statutorily to the other arms of governments/institutions or persons to aid ease of governance. The delegate, therefore, handles the deals of the power delegated with a touch of expertise and skill. This paper uses an armchair research approach to examine the control of delegated legislation in Nigeria. The paper finds that there is a challenge of control of delegated legislation in Nigeria due to the absence of a formal law on rule making like the Statutory Instruments Act, 1946 of England. It concludes by recommending that a law be enacted which will detail the guideline for making delegated legislation with strict provisions on scrutiny by the legislature or its committee.

Downloads

Download data is not yet available.

References

Beatson J., (1979) ‘Legislative Control of Administrsative Rulemaking: Lessons from the British Experience’, Cornell International Law Journal, Vol 12 Issue 2 Summer, 199-226.

Bradley A.W. & K.D. (2003) Ewing, Constitutional and Administrative Law, 13th edn.

Dicey A.V., (1959) An Introduction to the Study of Law of Constitution (London, Sweet and Maxwell 10th edn)

Greenberg D., (2012) Craise on Legislation, (London Sweet and Maxwell).

Ian M., (2009) Principles of Legislative and Regulatory Drafting, Oxford and Portland Oregon

Imhanobe S.O., (2012) ‘Delegated Legislation’, Fundamentals of Legislative Drafting, edited by Epiphany Azinge, Vivian Madu, Nigerian Institute of Advanced Legal Studies 2012,

Jemina Fabiawari Benson, 2014, Delegated Legislation in Nigeria: Challenge of Control. LL.M Dissertation, Institute of Advance Legal Studies, University of London

Miers M.R. and A C Page, Legislation, (London Sweet and Maxwell 1982), 143

Nwabueze B., (1964) Constitutional Law of the Nigerian Republic (Havilla).

Ojo O., (1964) Delegated Legislation, 200 Thesis Submitted to Institute of Advanced Legal Studies, London for the Award of Doctorate Degree,

Oluyede P.A., (1988) Nigerian Administrative Law, Ibadan University Press.

Oyewo O., (2016) Modern Administrative Law & Practice in Nigeria (Lagos: University of Lagos Press and Bookshop Ltd).

Oyewo, O., (1995) “The Impact of Delegated Legislation on the Attainment of Administrative Justice”, in A Blueprint for Nigerian Law, Obilade A.O. (Faculty of Law, University of Lagos) 318-347

Yardley, DCM, (1981) Principles of Administrative Law, (Butterworths)

Downloads

Published

2022-07-30

How to Cite

Onu, K. O. N. (2022). Control of Delegated Legislation in Nigeria: a myth or a reality? . LEGAL BRIEF, 11(3), 1539–1545. https://doi.org/10.35335/legal.v11i3.329

Issue

Section

National and International Criminal Law