M. BELLO, JSC (Delivering the Leading Judgment): The principle of the division of legislative powers of government enshrined in the Constitution of the Federal Republic of Nigeria 1979, hereinafter referred to as the Constitution, is the base of the dispute in this case on appeal. So it is pertinent to state the principle from the onset. It may also be observed that the case was decided before the Constitution (Suspension and Modification) Decree 1984 No. 1 with retrospective effect from 31st December. 1983 and for this reason the appeal must be determined in accordance with the relevant provisions of the Constitution as they were before the promulgation of the Decree 1984 No. 1.
The legislative powers of Nigeria were shared between the Federation and the component States by section 4 of the Constitution in these terms:
"4(1) The legislative powers of the Federal Republic of Nigeria shall be vested in a National Assembly for the Federation which shall consist of a Senate and a House…