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Constitution of Nigeria

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The constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria.[1][2] Nigeria has had many constitutions. Its current form was enacted on 29 May 1999 and kickstarted the Fourth Nigerian Republic.[3]

Constitution of Nigeria
Coat of arms of Nigeria
Overview
Jurisdiction Nigeria
Ratified1999; 25 years ago (1999)
Date effective1999; 25 years ago (1999)
SystemFederal Presidential Constitutional Republic
Government structure
Branches3
ChambersSenate and House of Representatives
ExecutivePresident
JudiciarySupreme Court
FederalismFederal Republic of Nigeria
History
Amendments2
Last amendedJanuary 2011
Supersedes1993 Constitution of Nigeria
Full text
Constitution of Nigeria at Wikisource

Background

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Nigeria's structure and composition are a legacy of British colonial rule.[4] It has over 374 multilingual groups with different cultures and traditions.[5] This diversity contributes to Nigeria being "one of the world's most deeply divided countries" with rampant political corruption.[6][7] As a result, Nigeria has undergone many attempts to form an effective constitution. These efforts include civilian and military rule, centrifugal and centralized federalism, presidential and parliamentary systems, and other political institutions.[7]

An Order in Council enacted Nigeria's first constitutions during the colonial era when the country was administered as a Crown Colony. These constitutions include the Clifford Constitution of 1922, the Richards Constitution of 1946, the Macpherson Constitution of 1951, and the Lyttleton Constitution of 1954.[8][6][9]

Richards constitution

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Westminster approved a new constitution for Nigeria in 1946.[10] It was called the Richards Constitution after Governor-General Sir Arthur Richards, who was responsible for its formulation. Although it left effective power in the hands of the Governor-General and his appointed Executive Council, it also established an expanded Legislative Council empowered to deliberate on matters affecting the country. It also created three regional Houses of Assembly to consider local questions and advise the lieutenant governors.

The Richards Constitution recognized the country's diversity by introducing the federal principle with its regional authority. Although realistic in its assessment of the situation in Nigeria, the Richards Constitution intensified regionalism instead of encouraging political unification. It was suspended in 1950 against a call for greater autonomy.

MacPherson constitution

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An inter-parliamentary conference at Ibadan in 1950 drafted a new constitution. It was dubbed the Macpherson Constitution after the incumbent Governor-General John Stuart Macpherson. It went into effect the following year.[11]

The MacPherson Constitution provided for regional autonomy and federal union, creating a central government with a Council of Ministers. This encouraged political participation and party activity at the national level. However, the regional governments had broad legislative powers that could not be overridden by the newly established 185-seat federal House of Representatives. As a result, the Macpherson Constitution significantly boosted regionalism.[12]

Lyttleton constitution

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The next revision of the constitution was called the Lyttleton Constitution, named after Oliver Lyttleton. It was enacted in 1954 and firmly established the federal principle. This paved the way for Nigeria's independence from Great Britain. Lyttleton constitution promoted regional sentiments among Nigerians like the Richard constitution

1960 independence constitution

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A British Order-in-Council enacted Nigeria's first constitution as a sovereign state. It came into force upon the country's independence on 1 October 1960. Under this constitution, Nigeria retained Queen Elizabeth II as titular head of state, Queen of Nigeria. Nnamdi Azikiwe represented the queen as Governor-General.[13]

1963 constitution

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Independent Nigeria's second constitution abolished the monarchy and established the First Nigerian Republic.[14] It came into force on 1 October 1963, the third anniversary of Nigeria's independence. Nnamdi Azikiwe became the first President of Nigeria. The 1963 constitution was based on the Westminster system. It was used until a military coup in 1966 that overthrew Nigeria's democratic institutions.[15]

1979 constitution

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The 1979 constitution established the Second Nigerian Republic. It abandoned the Westminster system in favour of a United States-style presidential system with direct elections.[16] To avoid the pitfalls of the First Nigerian Republic, the 1979 constitution mandated political parties which were required to register in at least two-thirds of the states.[15] In addition, it established a Cabinet of Nigeria, with each state having at least one member.[15] This gave a "federal character" to the nation.[15]

1993 constitution

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The 1993 constitution established the Third Nigerian Republic. This constitution was supposed to return democratic rule to Nigeria but it was never fully implemented. The military controlled the country until May 1999 when it handed over power to an elected president.[17][18] The 1999 constitution created the Fourth Nigerian Republic, a federation with democratic rule.[19][20] It remains in force today.[19]

The 1999 constitution identifies the national capital, 36 states and their capitals, and 774 local government areas within Nigeria.[21][22][23][24] It establishes the legislative, executive, and judicial branches of government and details their duties and the separation of powers between the branches and federal and state governments.[25][2] Nigeria's legislative powers are vested in a National Assembly with two chambers: a Senate and a House of Representatives.[26] The constitution gives the National Assembly the power to make laws for "peace, order and good government of the Federation".

In addition, the Constitution outlines the individual's fundamental rights, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military.[2][27] It also defines a person's right to a timely and fair trial if arrested and the presumption of innocence.[27] Nigerians also have the right to own land, a right of assembly, and freedom of movement.[2]

The constitution also protects four laws: the Land Use Act, the National Securities Agencies Act, the National Youth Service legislation, and the Public Complaints Commission Act.[2] In January 2011, President Goodluck Jonathan signed two amendments to the constitution, the first modifications since it came into use in 1999.[28]

See also

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References

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  1. ^ "Constitution of the Federal Republic of Nigeria 1999, as amended to 2018". constitutions.unwomen.org. Retrieved 14 April 2022.
  2. ^ a b c d e "14 Things Every Nigerian should know about the Constitution". LawPàdí. 20 March 2021. Retrieved 14 April 2022.
  3. ^ Elaigwu, J. Isawa (17 August 2006). "The Federal Republic of Nigeria". www.forumfed.org. Retrieved 14 April 2022.
  4. ^ "Nigeria - Nigeria as a colony | Britannica". www.britannica.com. Retrieved 26 June 2022.
  5. ^ Eyene Okpanachi, Eyene and Garba, Ali. Federalism and constitutional change in Nigeria, 7(1) Federal Governance 3 (2010). Archived from the original on 14 August 2020. Retrieved 28 March 2022.
  6. ^ a b Suberu, Rotimi (2019). "Nigeria's Permanent Constitutional Transition: Military Rule, Civilian Instability and "True Federalism" in a Deeply Divided Society" (PDF). Occasional Papers Series. Forum of Federations: 3–4. eISSN 1922-5598. ISSN 1922-558X. Archived from the original (PDF) on 10 March 2022.
  7. ^ a b Yusuf, Olakunle (3 July 2022). "Nigerian federalism: Fruitful or futile?". Punch. Retrieved 30 September 2022.
  8. ^ Nigeria (Constitution) Order in Council, 1954, Statutory Instrument 1954 No. 1146 (1954). Archived from the original on 30 March 2022. Accessed 30 March 2022.
  9. ^ Nigeria (Legislative Council) Order in Council, The London Gazette No. 32838, p. 4505 (29 June 1922). Archived from the original on 21 December 2021. Retrieved 31 March 2022.
  10. ^ J.O, Irukwu (19 July 2014). Nigeria at 100: What Next?. Safari Books Ltd. ISBN 978-978-8431-44-2.
  11. ^ "Nigeria - EMERGENCE OF NIGERIAN NATIONALISM". countrystudies.us. Retrieved 7 June 2023.
  12. ^ "The MacPherson Constitution of 1951". Afe Babalola University EPortal.
  13. ^ Azikiwe, Nnamdi (12 May 2016). "From Nnamdi Azikiwe". The Martin Luther King, Jr., Research and Education Institute. Retrieved 4 July 2022.
  14. ^ "The 1963 Constitution of Nigeria" (PDF). Global Citizenship Observatory. Retrieved 9 November 2022.
  15. ^ a b c d "National Assembly Not Serious About Constitution Review – Lawyer". Channels Television. 18 July 2013. Retrieved 28 June 2022.
  16. ^ "1979 Constitution of Nigeria" (PDF). 9 December 2006. Archived from the original (PDF) on 9 December 2006. Retrieved 9 November 2022.
  17. ^ "Nigeria - Military regimes, 1983–99 | Britannica". www.britannica.com. Retrieved 8 July 2022.
  18. ^ "Introducing the Third Republic". Nigerian Scholars. Retrieved 30 June 2022.
  19. ^ a b Ogowewo, Tunde I. (2000). "Why the Judicial Annulment of the Constitution of 1999 Is Imperative for the Survival of Nigeria's Democracy". Journal of African Law. 44 (2): 135–166. doi:10.1017/S0021855300012195. ISSN 0021-8553. JSTOR 1587454. S2CID 145120828.
  20. ^ Nigeria Const. § 2.
  21. ^ Nigeria Const. § 3(6).
  22. ^ Nigeria Const. § 3(4).
  23. ^ Nigeria Const. § 3(1).
  24. ^ Nigeria Const. § 3(3).
  25. ^ Elaigwu, J. Isawa (17 August 2006). "The Federal Republic of Nigeria". www.formed.org. Retrieved 21 April 2022.
  26. ^ Nigeria Const. § 4(1).
  27. ^ a b "CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999". wipolex.wipo.int. Retrieved 9 November 2022.
  28. ^ Shekau, Abubakar (1 July 2018), "Message to Nigeria's President Goodluck Jonathan", The Boko Haram Reader, Oxford University Press, pp. 245–248, doi:10.1093/oso/9780190908300.003.0033, ISBN 978-0-19-090830-0, retrieved 8 July 2022
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