LEGAL SENSE (Hint 15)
by ANSLAM C. AGIM, ESQ
CONFLICT BETWEEN FEDERAL AND STATE LEGISLATION
If the subject matter is on the exclusive list, the Federal law prevails but if it is residual, then the State law prevails. However, if it is on the concurrent list, both laws coexist except where the Federal law has covered the field in which case the Federal law prevails on the doctrine of covering-the-field. Even then, the State law is not invalidated merely because the Federal law has covered the field. The State law is merely put in abeyance till the Federal law no longer covers the field such as when it is repealed. See, the case of A-G, Lagos State v. Persons Unknown (2016) ALL FWLR (pt. 815) p. 245 @ page 257, paras. F – H.
The exclusive list, concurrent list and residual list are provided in the Second Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).