ONYIA IFEANYI V FEDERAL REPUBLIC OF NIGERIA (2018)

ONYIA IFEANYI V FEDERAL REPUBLIC OF NIGERIA

(2018) LCN/4583(SC)

In the Supreme Court of Nigeria

Friday, March 9, 2018


Case Number: SC.247/2015

 

JUSTICES:

IBRAHIM TANKO MUHAMMAD

KUMAI BAYANG AKA’AHS

AMINA ADAMU AUGIE

PAUL ADAMU GALINJE

SIDI DAUDA BAGE

 

APPELLANTS

ONYIA IFEANYI

 

RESPONDENTS

FEDERAL REPUBLIC OF NIGERIA

 

“This Act is an Act of the National Assembly of the Federal Republic of Nigeria. Section 4(2) of the Constitution of the Federal Republic of Nigeria, 1999, (as amended) (“the Constitution” for short) provides, inter alia, as follows; “The National Assembly shall have power to make laws for the peace, order and good government of the Federation or any part thereof – with respect to any matter included in the- Exclusive Legislative List set -out in Part I of the Second Schedule to this Constitution.” In Part II of the Second Schedule titled “Supplemental and Interpretation,” the National Assembly may make a declaration by an Act of the National Assembly. References to any incidental and supplementary matters include references to, among others, offences. This is an Act which was legislated to prohibit and punish certain offences pertaining to advance fee fraud and other fraud related offences and to repeal other Acts related therewith. Indeed Section 21(1) of the Act repealed the Advance Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995, and the Advance Fee Fraud and Other Fraud Related Offences (Amendment) Act, 2005.”

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