RETROACTIVE OR RETROSPECTIVE LAW

• Date: 06 February 2019

(1) "Black’s Law Dictionary 7th Edition by Bryan Garner at page 1316 defines "retroactive law" as: "A legislative act that looks backward or contemplates the past, affecting acts, facts that existed before the act came into effect. A retroactive law is not unconstitutional unless it (1) is in the nature an ex-post facto law or a bill of attainder (2) impairs the obligation of contracts. (3) divests vested rights or (4) is Constitutionally forbidden: also termed ‘retrospective law" Although in Ibrahim v. Barde (1996) 9 N.W.L.R. (Pt. 474) 513; (1996) 12 S.C.N.J. 38 Uwais C.J.N., held that the legislature is competent to make retrospective legislation he quoted with approval the Supreme Court case of Ahmed v. Kassim (1958) 1 N.S.C.C. 11; Capper v. Baldwn (1965) 2 Q.B. 53 at 61 etc. to hold that a certain amount of common sense must...