AN APPLICATION OF THE DOCTRINE OF BASIC STRUCTURE IN THE FEDERAL SYSTEM OF NIGERIA

Hilda OBI-OBIORA, Favour Christopher ASIAZOBOR

Abstract


Nigeria operates the federal model of governance. Federalism which is a principle of government structure often applied to heterogeneous systems, consisting of at least two constituent parts that are not wholly independent but together form the system as a whole. A comparative examination of the concept of federalism shows that there are certain basic features which an ideal federal structure ought to possess. There have been criticisms aimed at the lack of basic federalism features in the country. One of such criticism is directed at the Supreme Court’s somewhat lack of enthusiasm to apply basic federalism principles in the country. The paper therefore appraises federalism practice in Nigeria as well as the Court’s posture concerning the application of basic federalism features in the country. The researcher aims to situate the basic structure doctrine in an attempt to urge the Courts to evolve a culture of promoting basic features of federalism in Nigeria

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