³ The Northern, Eastern, Western and Mid-Western Regions. The latter is not mentioned in this article as it has published no legislation.

⁴ No. 20 of 1963.

^{page 93 note 1} In the following four sub-paragraphs I have used the past tense for the sake of consistency; most of what is mentioned still holds good.

^{page 93 note 2} There remain very few of the former nowadays.

^{page 94 note 1} G.N. 147, Federal Gazette, 1966.

^{page 94 note 2} Ibid., G.N. 148

^{page 94 note 3} He did not say by whom. Presumably by those officers who at the time held the key to power.

^{page 94 note 4} Decree No. 1 of 1966.

^{page 94 note 5} Thus, while the coup was still in a state of flux, an announcement was made over the Northern radio that smoking of Indian hemp, homosexuality, and certain other practices would thenceforth be punishable with death. For some time there was doubt as to the legal validity of this (see p. 105, n. 1 below), until the eventual emergence of Decree No. 1 made it clear that, since the penalties were not contained in a Decree or Edict signed by the prescribed authority, they were not enforceable. Growing or trading in hemp has, however, been since made a capital offence (see below).

^{page 94 note 6} Decree No. 1, Scheds. 1 and 3.

^{page 94 note 7} Ibid., s. 4.

^{page 94 note 8} Ibid., s. 7, and Scheds. 1 and 3.

^{page 95 note 1} Decree No. 1, s. 9 (6).

^{page 95 note 2} Ibid., s. 8 (2).

^{page 95 note 3} Ibid., Scheds. 2 and 4.

^{page 95 note 4} For which see below, sub-para. (5)

^{page 95 note 5} See Press Statement by Maj.-Gen. Aguiyi-Ironsi (G.N. 149 in Federal Gazette, 1966).

^{page 95 note 6} Decree No. 1, s. 8 (3).

^{page 95 note 7} Ibid., Sched. 2 amending s. 97. The only exception, presumably, is the Federal Ministry of Justice, where the Attorney-General continues to exercise ministerial direction and control.

^{page 95 note 8} Ibid., s. 12 (2).

^{page 95 note 9} Ibid., s. 9 (6).

^{page 95 note 10} Ibid., s. 11.

^{page 96 note 1} I.e., the chief judge of the Sharia Court of Appeal.

^{page 96 note 2} Constitution (Suspension and Modification) (No. 2) Decree (No. 4 of 1966).

^{page 96 note 3} A person is not qualified to be either Federal or Regional Attorney-General unless he is qualified for admission as an advocate in Nigeria and has been so for not less than ten years. No such qualification is prescribed for a Solicitor-General.

^{page 96 note 4} Section 101 of No. 20 of 1965 as amended.

^{page 96 note 5} Decree No. 1, s. 12 (4) and Sched. 4.

^{page 96 note 6} G.N. 148 in Federal Gazette of 1966.

^{page 96 note 7} W.N. Edict No. 10.

^{page 97 note 1} Decree No. 1, Scheds. 2 and 4.

^{page 97 note 2} Ibid., s. 12 (5).

^{page 97 note 3} Ibid., s. 12 (1).

^{page 97 note 4} Section 1 of No. 20 of 1963 as amended by Decree No. 1.

^{page 97 note 5} Ibid., s. 5 (1) as amended by Decree No. 1.

^{page 97 note 6} Decree No. 1, s. 6. Indeed the Eastern Military Governor has issued an Edict which is clearly inconsistent with the Eastern Regional Constitution as amended, abolishing the Eastern Public Service Commission's power to appoint and dismiss public servants and making it a purely advisory body. (E.N. Edict No. 2 of 1966.)

^{page 98 note 1} Sections 136–145 of No. 20 of 1963.

^{page 98 note 2} Thus for instance s. 27, defining the right to freedom of movement, adds “nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society … restricting the movements … of a person in the interests of public order”. If the law is justifiable (or as in this case immune to tests of justifiability) is all executive action under it, justifiable or unjustifiable, immune? The Supreme Court appeared to think not in Williams v. Majekodunmi, [1962] All N.L.R. 328, but there was no clear ruling.

^{page 98 note 3} E.g., the State Security (Detention of Persons) Decree (No. 2); the Supression of Disorder Decree (No. 3); and the Banking (Amendment) Decree (No. 5), all of which are discussed below.

^{page 98 note 4} See below. These edicts do not confer power to issue detention orders, but name the detainees in the text.

^{page 98 note 5} No. 20 of 1963, Chapter VII.

^{page 98 note 6} Ibid., s. 105 as amended.

^{page 99 note 1} Forces Acts (Amendment) Decree and Forces Acts (Amendment) (No. 2) Decrees Nos. 6 and 16 of 1966.

^{page 99 note 2} Suppression of Disorder Decree (No. 4).

^{page 99 note 3} None has been hitherto.

^{page 100 note 1} Appeal to the High Court is not a fundamental right but the subject of a specific provision in the “Courts” chapter of the Federal Constitution, which is overridden by a Decree as above stated.

^{page 100 note 2} The Prisons Control Decree, No. 9 of 1966.

^{page 100 note 3} State Security (Detention of Persons) Decree, No. 3 of 1966, added to by Nos. 8, 10 and 18.

^{page 100 note 4} Which provided that where under emergency legislation persons were detained without trial (a temporarily permissible encroachment upon the right to freedom of movement) there must be an advisory tribunal of independent judicial composition by which their cases might be considered and recommended upon to the detaining authority.

^{page 100 note 5} See E.N. Edict No. 11 and E.N.N. 156–7; W.N. Edicts Nos. 5 and 6

^{page 100 note 6} Section 21.

^{page 100 note 7} See above, p. 97, ante, nn. 5 and 6.

^{page 100 note 8} Decree No. 19 of 1966.

^{page 101 note 1} Cap 78, Laws of Northern Nigeria, 1963.

^{page 101 note 2} The New Nigerian, 1966.

^{page 101 note 3} W.N. Edict No. 8.

^{page 101 note 4} W.N.N. 222 in Western Gazette, 1966.

^{page 101 note 5} W.N. Edict No. 2, and Customary Courts (Jurisdiction in Statutory Criminal Offences) (Revocation) Order, 1966 (W.N.L.N. 15 of 1966).

^{page 101 note 6} These officials have right of access to courts and power to transfer cases, but no power of review.

^{page 101 note 7} The New Nigerian, 1966.

^{page 102 note 1} The Criminal Procedure (Amendment) Decree. No. 12 of 1966.

^{page 102 note 2} E.N. Edict No. 8.

^{page 102 note 3} Local Government (Appointment of Administrators) Order (W.N.L.N. 17 of 1966).

^{page 103 note 1} N.N. Edict No. 1; E.N. Edict No. 10; W.N. Edict Nos. 4 and 12. See W.N.N. 3 and 276 in Western Gazette, 1966.

^{page 103 note 2} N.N.N. 181–3, Northern Gazette, 1966.

^{page 103 note 3} E.N. Edicts 12 and 13.

^{page 103 note 4} E.N. Edict 7.

^{page 103 note 5} W.N. Edict 12. See W.N.N. 162 in Western Gazette, 1966.

^{page 103 note 6} The Banking (Amendment) Decree (No. 5 of 1966).

^{page 103 note 7} An official of the Federal Ministry of Finance. See Banking Act, Cap. 19, Laws of the Federation of Nigeria, 1958.

^{page 103 note 8} The Decree would normally be held inconsistent with s. 23 of the Constitution, which defines the right to respect for private and family life, home and correspondence.

^{page 104 note 1} Decree No. 15 of 1966.

^{page 104 note 2} Decree No. 2 of 1966.

^{page 104 note 3} Interpretation Act (cap. 89, Laws of the Federation of Nigeria, 1958), s. 22 (3) and (4), and corresponding provisions in Regional interpretation legislation.

^{page 105 note 1} Decree No 1, s. 4.