Constitution of Nigeria

Constitution of Nigeria
Name	Constitution of Nigeria
Jurisdiction	Federal Republic of Nigeria
Date created	1999
Date ratified	29 May 1999
System	Federal presidential republic
Branches	Three (Executive, Legislative, Judicial)
Chambers	Bicameral (Senate and House of Representatives)
Executive	President of Nigeria
Courts	Supreme Court of Nigeria
Federalism	Federal
Date legislature	4 June 1999
Date executive	29 May 1999
Signers	Abdulsalami Abubakar
Supersedes	Constitution of Nigeria of 1979

Constitution of Nigeria is the supreme law of the Federal Republic of Nigeria. It was promulgated on 29 May 1999, ushering in the Nigerian Fourth Republic and ending a prolonged period of military rule. The document establishes a federal presidential system of government, delineates the powers of the executive, legislature, and judiciary, and enshrines a catalogue of fundamental rights.

History and development

The current document is the successor to several earlier constitutions, beginning with the Clifford Constitution of 1922 under British colonial rule. The post-independence Constitution of Nigeria of 1963 established the First Nigerian Republic, which was overthrown by the Nigerian Civil War and a series of military coups. The Constitution of Nigeria of 1979, modeled partly on the Constitution of the United States, restored civilian rule but was again suspended after the 1983 Nigerian coup d'état. The process leading to the 1999 constitution was overseen by the military administration of General Abdulsalami Abubakar, with a Constitutional Conference and drafting committee drawing heavily on the suspended 1979 text.

Structure and content

The constitution is organized into chapters and sections, commencing with a Preamble asserting the sovereignty of the people. Chapter II outlines the Fundamental Objectives and Directive Principles of State Policy, while Chapter IV contains an extensive fundamental rights provision enforceable by the courts. It creates a bicameral National Assembly comprising the Senate and the House of Representatives. It vests executive power in the President of Nigeria, who is both head of state and head of government, and establishes the judiciary headed by the Supreme Court of Nigeria. Schedules detail the states, local government areas, and legislative constituencies.

Fundamental objectives and directive principles

This section, inspired by the Constitution of India, outlines non-justiciable ideals for state policy. It emphasizes social justice, national integration, and the promotion of a mixed economy. Key directives include provisions for free education, adequate medical facilities, and the mandate that the government shall harness the resources of the nation to promote national prosperity. It also contains the Federal Character Principle, aimed at ensuring equitable representation in public institutions to manage the country's ethnic and religious diversity.

Amendment process

The procedure for alteration is rigorous, requiring support from a two-thirds majority in both the Senate and the House of Representatives. Additionally, the amendment must be approved by the Houses of Assembly of at least two-thirds of the States of Nigeria. Certain entrenched provisions, such as those relating to the creation of new states or the fundamental objectives, have even more stringent requirements. Notable amendments include the Fourth Alteration Act of 2010, which addressed electoral reforms, and the Fifth Alteration Act of 2023, which dealt with devolution of powers and judicial autonomy.

Judicial interpretation and review

The Supreme Court of Nigeria is the final arbiter of constitutional disputes, exercising the power of judicial review established in the case of **Lakannni & Another v. Attorney-General (West)**. Landmark rulings have shaped federalism, such as in **Attorney-General of the Federation v. Attorney-General of Abia State & 35 Others** (the resource control case). The court has also been pivotal in interpreting fundamental rights provisions, as seen in cases like **Gani Fawehinmi v. Nigerian Bar Association**, and in adjudicating disputes arising from presidential elections, including **Atiku Abubakar v. Independent National Electoral Commission**.

Influence and legacy

As the foundational legal text of the Nigerian Fourth Republic, it has provided a stable, albeit contested, framework for the longest period of uninterrupted civilian governance since independence. Its structure has influenced debates on true federalism, resource control, and secularism in a multi-ethnic society. The document remains central to political discourse, with recurring National Assembly initiatives for a comprehensive review, such as those led by the Senate President David Mark and later Ahmed Lawan, aiming to address perceived structural imbalances and strengthen the federation.

Nigeria Category:Government of Nigeria Category:1999 in law Category:1999 in Nigeria