Repeal Known To Nigerian Jurisprudence

Repeal is an action of revoking or annulling a law or act of parliament. The revocation can either be done through an express repeal, whereby a statute specifically indicates that the former law shall be revoked and abrogated or through an implied repeal. There are two types of repeal known to our jurisprudence.
1.    A repeal with re-enactment
2.    A repeal without replacement
A typical situation where an Act is repealed and re-enacted is where the law in the area is being upgraded but the law being repealed needs to be replaced with a modern version. The administration of criminal justice law 2011 is a replacement of the 2007 law, so to all intents and purposes.
The 2011 law is an update of the 2007 version of the same law. The question now is, can a repeal affect actions taken under the repealed Act? The Court of Appeal in Sossa V. Fokpo (2000) LPELR-6841, held that, it is common of constitution that the repeal or amendment of law does not affect any act or powers exercised under it before the repeal or amendment, Statutorily, this renergised in Section 1 (1) (b) of the Interpretation Act Cap 112 LFN 1990.
It is settled law that where there is a change in law, the new law merely replaces the old law as the prevailing law but does not alter or affect the legal regime, including the rights and obligations created or extinguished under the old law. S.6 (1) (a) (b) and (c) of the Interpretation Act Cap 123 LFN 2004, clearly states this effect of the repeal of an enactment. Note that the repeal of an enactment shall not revive anything not in force or existing at the time when the repeal takes effect. It shall not in any way affect the previous operation of the enactment nor as earlier stated affect any right, privilege, obligation or liability accrued or incurred under the enactment. In Abdullahi V. Military Administration & Ors (2003) LPE LR 7194, the court held.
“An action taken or an operation carried out under an enactment subsists or is unaffected after the legislation is repealed by don’ts of Section 6 (1) (b) of the Interpretation Act Cap 192 of the laws of the federation of Nigeria, 1990. It survives inspite of the repeal of the law under which an action is taken. Section 6 (1) (b) of the said Act cap 192 reads as follows: The repeal of an enactment shall not affect the previous operation of the enactment or anything duly done or suffered under the enactment.

Nkechi Bright Ewere