If regulations are made by both the President and the Governor of a State pursuant to the same Federal statute, the principle enshrined in section 4 (5) of the CFRN on the resolution of conflict between a Federal Act and a State Law would be inapplicable. This is so because regulations made by a Governor in the foregoing circumstances, would not have been made pursuant to a State Law. Such regulations would have been made pursuant to the same Act of the National Assembly by which the President made his regulations.
The Quarantine Act provides in section 8 that if the President has not made any declaration or regulations, a Governor may fully exercise the powers conferred on the President in respect of the State in question. Once the Governor exercises powers conferred upon him by sections 2, 3, 4 and 8 of the Act in the absence of a similar exercise of such powers by the President in respect of the affected State, the Declaration and Regulations made by the Governor acquires force of law and is therefore irreversible by the President, except by Court Order. Thus, where the President, nonetheless, proceeds to make regulations on similar matters in respect of the same State after a Governor has acted pursuant to section 8 of the Act, the regulations made by the Governor in the first instance will prevail in the event of conflict.
