No,They’re Not!
in the National Assembly for the Federation, which consists of a Senate and a House of Representatives by virtue of Section 4 (1) and in the House of Assembly of a State of the Federation, by virtue of Section 4 (6).
The National Assembly is vested with power to make laws for the peace, order and good government of the Federation or any part thereof with respect to any matter included in the Exclusive Legislative List set out in Part I of the Second Schedule to the Constitution, to the exclusion of the Houses of Assembly of the States; and, in addition and without prejudice to the powers conferred by subsection (2) of the section, the National Assembly shall have power to make laws with respect to the following matters, namely: (a) any matter in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to the Constitution to the extent prescribed in the second column opposite thereto; and (b) any other matter with respect to which it is empowered to make laws in accordance with the provisions of the Constitution.
The Houses of Assembly of the States are vested with the power to make laws for the peace, order and good government of the State or any part thereof with respect to the following matters, (a) any matter not included in the Exclusive Legislative List set out in Part I of the Second Schedule to the Constitution, (b) any matter included in the Concurrent Legislative List set out in the first column of Part II of the Second Schedule to the Constitution to the extent prescribed in the second column opposite thereto; and if any Law enacted by the House of Assembly of a State is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other Law shall, to the extent of the inconsistency, be void.
Item 44 on the Exclusive Legislative List provides for pensions, gratuities and other-like benefit payable out of the Consolidated Revenue Fund or any other public funds of the Federation. This, in my humble view, means that the National Assembly can enact laws to provide for the for pensions, gratuities and other-like benefit payable out of the Consolidated Revenue Fund or any other public funds of the Federation in respect of Federal Civil Servants and Public office holders, including members of the National Assembly, the Executive and indeed, the Judiciary.
It therefore follows, that the National Assembly cannot validly enact a law that will interfere with the powers of the House of Assembly of any State to enact its law for pensions, gratuities and other-like benefit payable out of the Revenue of a State, so as to prevent a person who was elected into any office under the Constitution at the State level from enjoying the pensions, gratuities and other-like benefit provided for