Daily Law Tips (Tip 576) by Onyekachi Umah, Esq., LLM. ACIArb(UK)

CAN A STATE GOVERNOR LEGALLY DECLARE PUBLIC HOLIDAYS IN HIS STATE?

Public holiday in Nigeria, is an issue in the exclusive legislative list, so state legislatures cannot make laws on public holidays. It is only the federal legislature (National Assembly) that can make laws on public holidays in Nigeria or in any state or part in Nigeria.

First of all, what is holiday? “In the case of KAIGAMA v. NEC (1993) 3 NWLR (Pt.284) 681 and many others, “holiday” is defined as a ‘day which is a Sunday or a public holiday'” Section 1 of the Public Holidays Act Cap P.40, Laws of the Federation of Nigeria, recognizes only the days listed in the schedule to the Act as ”Public Holidays’.” Per, GALADIMA, J.S.C (P. 41, paras. A-B). Quote from the Supreme Court’s judgment in the case ONYEKWULUJE & ANOR v. BENUE STATE GOVT & ORS (2015) LPELR-24780(SC).

Generally, matters in the exclusive legislative list of the constitution of Nigeria, are federal matters. As such, they are above the powers of any state government in Nigeria. The Public Holidays Act 1979, is a federal legislation that provides for all public holidays in Nigeria and in any part of Nigeria. The said legislation empowers the President of Nigeria to declare any special day as a public holiday across Nigeria or in any part of Nigeria. However, the same legislation also empowers a state Governor to declare any special day as a public holiday in his state or any part of his state, but ‘subject to’ the powers of the President to do so. Hence, a Governor can exercise his powers to declare public holidays in his state so far as it does not conflict with that of the President of Nigeria. Any state law on public holidays (whether for founders’ day or state creation day) is illegal, unconstitutional and contrary to the constitution of Nigeria and consequently nullified.

Going by the provisions of the Public Holidays Act, although public holiday is a federal matter within the exclusive powers of the National Assembly, a Governor is allowed to also declare public holidays for his state. Note that this does not empower any state House of Assembly to make laws on public holidays. So, while public holiday is a federal government matter and power that a state Governor can legally exercise, state legislatures are not legally allowed to exercise such powers.

My authorities, are:

1. Sections 1 and 4 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Item 51, Part 1, Second Schedule to the Constitution of the Federal Republic of Nigeria, 1999.
3. Sections 1, 2, 3 and 7 of the Public Act, 1979.
4. The Supreme Court’s judgment (on the meaning of ‘holiday’) in the case of ONYEKWULUJE & ANOR v. BENUE STATE GOVT & ORS (2015) LPELR-24780(SC)
5. The Supreme Court’s judgment (on meaning of ‘subject to’) in the case of BALONWU & ORS v. GOV OF ANAMBRA STATE & ORS (2009) LPELR-729(SC)

#SabiLaw
#DailyLawTips
#SabiBusinessLaw
#SabiElectionLaws
#SabiHumanRights
#SabiLawOnBeatFm
#SabiLawLectureSeries
#CriminalJusticeMonday
#SabiLawVideoChallenge

Speak with the writer, ask questions or make inquiries on this topic or any other via info@LearnNigerianLaws.com or onyekachi.umah@gmail.com or +2348037665878. To receive our free Daily Law Tips, follow our Facebook Page:@LearnNigerianLaws, Instagram: 
@LearnNigerianLaws and Twitter: @LearnNigeriaLaw

Please share this publication for free till it gets to those that need it most. Save a Nigerian today! NOTE: Sharing, modifying or publishing this publication without giving credit to Onyekachi Umah, Esq. and “LearnNigerianLaws.com” is a criminal breach of copyright and will be prosecuted.

This publication is the writer’s view not a legal advice and does not create any form of relationship. You may reach the writer for more information.

Powered by www.LearnNigerianLaws.com {A Free Law Awareness Program of Sabi Law Foundation, supported by the law firm of Bezaleel Chambers International (BCI).}

Follow Our WhatsApp Channel ________________________________________________________________________ The Law And Practice Of Redundancy In Nigeria: A Practitioner’s Guide, Authored By A Labour & Employment Law Expert Bimbo Atilola _______________________________________________________________________

[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials

“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.

Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation

______________________________________________________________________ ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria. Bonus: Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.

How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com

Ebook Version: Access directly online at: https://selar.com/prv626

______________________________________________________________________ “Bridging Theory And Courtroom Practice” — Hagler Sunny Okorie, Nathaniel Ngozi Ikeocha Unveil ‘Functional’ Tort Law Book For Nigerian Legal System The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209. ______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence

Interested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com