Which arm of government has the power to declare laws unconstitutional?

Step 1: Analyze the question The question asks which arm of government can declare a law unconstitutional, meaning it conflicts with the constitution and is therefore invalid.

Step 2: Explain the concept Nigeria practices the separation of powers, with three arms of government:

• Legislature: makes laws (the National Assembly at the federal level, State Houses of Assembly at the state level).
• Executive: implements and enforces laws (the President, Governors, ministers).
• Judiciary: interprets laws and settles disputes (the courts).

The power to review laws and decide whether they agree with the constitution is called judicial review. The Supreme Court, Court of Appeal, and High Courts exercise it. Under Section 1(3) of the 1999 Constitution, any law that is inconsistent with the constitution is void to the extent of that inconsistency. The courts are the ones who make that declaration.

Step 3: Eliminate the options

• A. Judiciary: correct, because it has the power of judicial review.
• B. Legislature: it makes laws, so it cannot declare its own laws unconstitutional.
• C. Executive: it carries out laws and has no power to nullify them.
• D. Parliament: this is another name for the legislature (mainly used in parliamentary systems), so it is wrong for the same reason as B.

Step 4: Answer The correct option is A. Judiciary.

Exam tip: Remember "Legislature makes, Executive enforces, Judiciary interprets." Whenever you see words like interpret, review, unconstitutional, void, or settle disputes, think Judiciary.