Extension of The Pension Reform Act To State Public Service and Private Sector Employments: Overreaching The Legislative Powers of The National Assembly

Abstract

The Nigerian federation, as in most other federations, there is a constant war of attrition between the Federal and State law-making bodies over their respective legislative powers. Here, it is the National Assembly that more often than not takes the offensive. It not infrequently embarks upon needless legislative expansionism, thereby upsetting the delicate balance of power entrenched in the Constitution. This work examines the legitimacy of the extension of the operation of the Pension Reform Act, 2014 enacted by the National Assembly to the public service of the States and private sector employments against the backdrop of the constitutional provisions conferring on the National Assembly the power to make laws with respect to pensions. It posits that such extensions are unconstitutional, for the power to legislate on the pensions of State public servants as well as private sector employees falls roundly within the residual legislative powers of the States.