1999 Constitution of Nigeria

1999 Constitution of Nigeria
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Title	1999 Constitution of Nigeria
Ratified	5 May 1999
Promulgated	29 May 1999
System	Federal presidential republic
Country	Nigeria

1999 Constitution of Nigeria is the supreme law that re-established constitutional rule in the Federal Republic of Nigeria after periods of Military rule in Nigeria and transitional arrangements following the 1993 Nigerian presidential election. It replaced prior instruments used by regimes such as the Armed Forces Ruling Council and followed the recommendations of bodies including the Constitutional Conference (Nigeria), the Abacha Transition Implementation Committee, and legal authorities like the Nigerian Law Reform Commission. The document restored a Presidency of Nigeria and a bicameral National Assembly (Nigeria) with provisions influenced by constitutions such as the Constitution of the United States and the Constitution of the Republic of South Africa.

Background and Drafting

The drafting process was shaped by political actors such as Olusegun Obasanjo, Abdulsalami Abubakar, and civilian parties including the People's Democratic Party (Nigeria), the All Nigeria Peoples Party, and the Alliance for Democracy (Nigeria), as well as legal figures from the Nigerian Bar Association and the Supreme Court of Nigeria. Debates drew on precedents from the 1960 Constitution of Nigeria, the 1979 Constitution of Nigeria, and international texts like the Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights, while responding to crises exemplified by the Annulled 1993 Nigerian election and the June 12 protests. Committees convened in Abuja involving representatives from Northern Nigeria, South-South Nigeria, South-West Nigeria, and South-East Nigeria, and incorporated input from traditional institutions such as the Emirate system and the Oba of Benin.

Structure and Key Provisions

The constitution is organized into chapters establishing the President of Nigeria as head of state and government, the Vice President of Nigeria, the National Assembly (Nigeria) comprising the Senate of Nigeria and the House of Representatives (Nigeria), and the Judiciary of Nigeria including the Supreme Court of Nigeria and the Court of Appeal of Nigeria. It defines federal organs like the Independent National Electoral Commission and the Economic and Financial Crimes Commission, and financial institutions such as the Central Bank of Nigeria and the Federal Inland Revenue Service. Provisions allocate revenue through mechanisms referencing the Revenue Mobilisation Allocation and Fiscal Commission and set oversight by offices including the Office of the Auditor-General for the Federation and the Code of Conduct Bureau.

Fundamental Rights and Duties

Chapter sections enumerate rights enforced by courts including rights to personal liberty, fair trial, and freedom from torture as adjudicated in cases before the Supreme Court of Nigeria and referenced by litigants from bodies such as the Human Rights Commission (Nigeria), the Legal Aid Council of Nigeria, and civil society groups including Amnesty International and Human Rights Watch. The charter imposes civic duties often invoked by institutions like the Nigeria Police Force and agencies such as the National Human Rights Commission, with judicial interpretation provided by jurists who have served on tribunals and panels like former justices of the Court of Appeal of Nigeria.

Federalism and State Powers

The constitution delineates exclusive, concurrent, and residual lists affecting subnational entities such as the State governments of Nigeria, Local Government Areas of Nigeria, and state assemblies including the Lagos State House of Assembly and the Rivers State House of Assembly. Fiscal federalism interacts with oil-producing regions represented by organizations like the Nigerian National Petroleum Corporation and movements such as the Movement for the Survival of the Ogoni People, while constitutional arrangements echo debates from the Biafra conflict era and reforms proposed by commissions including the National Political Reform Conference (2005). Intergovernmental relations involve institutions like the National Economic Council and the Nigeria Governors' Forum.

Amendment Process and Major Amendments

Amendments require supermajorities in the National Assembly (Nigeria), and concurrence from a specified number of state houses of assembly; the process parallels practices in constitutions such as the Constitution of India in requiring legislative and subnational approval. Notable changes and proposed reforms have been advanced by political parties including the All Progressives Congress and the People's Democratic Party (Nigeria), and through review efforts linked to commissions like the Constitutional Review Committee (Nigeria). Judicial interpretation of amendment disputes has been adjudicated by the Supreme Court of Nigeria and the Constitutional Court (Nigeria) in precedent-setting cases.

Implementation, Impact, and Criticism

Implementation has been contested by actors such as former heads of state including Muhammadu Buhari and Ibrahim Babangida, civil society organizations including the Society for International Development (Nigeria), and professional unions such as the Nigeria Labour Congress. Critics from academic institutions like the University of Lagos and policy think tanks such as the Centre for Democracy and Development have highlighted issues regarding fiscal federalism, human rights enforcement, and electoral integrity involving the Independent National Electoral Commission. Supporters cite restoration of constitutional rule and institutions like the Central Bank of Nigeria and the Economic and Financial Crimes Commission, while reformers continue to press for amendments addressing oil derivation, local government autonomy, and separation of powers in forums including the National Assembly (Nigeria) and state constitutional review committees.

Category:Constitutions