The Challenges and Prospects of Legislative Control over Subsidiary Legislation in Nigeria

Abstract

The topic of this dissertation was chosen because of the frequent abuse of subsidiary powers by the executive arm of government in the making of subsidiary legislation. The research problem was focused on the challenges on those challenges faced by the legislature in the control of subsidiary legislation. In solving this problem, the research had three core objectives which were first, to examine the problems associated with the practice of subsidiary legislation, secondly to look at the challenges facing the control of subsidiary legislation and finally the ways a better control of subsidiary legislation will reduce further abuse of delegated powers to make subsidiary legislation. This research is important because there is the need for proper regulation and monitoring of subsidiary legislation by the legislative arm of government, to avoid a total breakdown of law and order. The methodology employed in this research to achieve the three major objectives of the research is the doctrinal approach. This approach was adopted in achieving the research objectives by aiding the sourcing of legal and other resources on the current practice of subsidiary legislation in Nigeria. The doctrinal method also helped to examine the already existing legislative frameworks for the control of subsidiary legislation. The research found amongst others that: there are several challenges facing the control of subsidiary legislation in Nigeria; there are no standardized legislative framework currently in place and effective for the control of subsidiary legislation in Nigeria and finally that there are things to be done in order to enhance the effective control of subsidiary legislation in Nigeria. The research has brought to light to importance of legislative control over subsidiary legislation and made recommendations that the legislature must overcome the various challenges facing the effective control of subsidiary legislation in Nigeria. The research further recommended that there is a need to establish an independent body to ensure the monitoring of subsidiary legislation and finally that there is a need to introduce technology and other scientific method in this control of subsidiary legislation.