Constitution of Nigeria

Constitution of Nigeria
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Name	Constitution of Nigeria
Jurisdiction	Nigeria
Created	1960 (Independence), 1963 (Republic), 1979 (Presidential), 1999 (Current)
System	Federal presidential republic
Chambers	National Assembly (Nigeria) (Senate, House of Representatives of Nigeria)
Executive	President of Nigeria
Judiciary	Supreme Court of Nigeria
Supersedes	Constitution of the Federal Republic of Nigeria (1979), Constitution of the Federal Republic of Nigeria (1963)

Constitution of Nigeria is the supreme law that defines the polity, power allocation, and institutional arrangements of Nigeria. It codifies the rights of citizens, the structure of the executive branch, legislature and judiciary, and the distribution of competencies among federalism actors across regions such as Lagos State, Kano State, and the Niger Delta. The current document, promulgated in 1999 and amended thereafter, anchors relationships among actors including the President of Nigeria, Nigerian Armed Forces, and subnational entities like Rivers State and Borno State.

History and development

The constitutional trajectory links colonial instruments like the Clifford Constitution and Lyttleton Constitution to postcolonial milestones such as the Independence of Nigeria (1960), the Republic of Nigeria (1963), and military interventions including the 1966 Nigerian coup d'état and the 1976 Nigerian coup d'état. Key texts include the Constitution of the Federal Republic of Nigeria (1963), the Constitution of the Federal Republic of Nigeria (1979), and the 1999 enactment following transitions involving figures tied to the Provisional Ruling Council, the Armed Forces Ruling Council, and actors like Olusegun Obasanjo and Sani Abacha. Constitutional commissions, such as the 1976 Constitutional Drafting Committee, and events like the Nigerian Civil War influenced provisions on federalism, resource control, and state creation seen in provinces turned into states including Oyo State and Cross River State.

Structure and provisions

The document delineates the President of Nigeria as head of state and head of the executive branch, details for the National Assembly (Nigeria) with its Senate of Nigeria and House of Representatives of Nigeria, and establishes a judiciary anchored by the Supreme Court of Nigeria and intermediate bodies like the Court of Appeal (Nigeria). It prescribes fiscal relations involving the Federation Account and institutions such as the Central Bank of Nigeria and agencies like the Independent National Electoral Commission for electoral administration. Provisions address security through references to the Nigerian Police Force, the Nigerian Navy, and the Nigerian Army, and regulate public administration with offices including the Cabinet of Nigeria and the Attorney General of the Federation.

Fundamental rights and citizenship

The constitution enumerates fundamental rights, detailing protections that echo instruments in international law such as the Universal Declaration of Human Rights and engagements with bodies like the African Commission on Human and Peoples' Rights. It defines citizenship by birth, descent, registration, or naturalisation and creates remedies for violations through courts including the Federal High Court. Rights protections intersect with controversies involving groups like Nigerian Civil Liberties Organizations and incidents in locales such as Jos and Maiduguri where claims implicate public order, freedom of expression issues addressed in litigation featuring actors from Human Rights Watch and Amnesty International.

Federalism and government institutions

Federal arrangements allocate competencies among the federal government of Nigeria, 36 states including Anambra State and Kaduna State, and Local Government Areas of Nigeria such as those in Enugu State. The constitution mediates resource disputes in regions such as the Niger Delta involving corporations like Shell plc and oversight by agencies including the Nigerian National Petroleum Corporation. Intergovernmental organs, fiscal transfers via the Federation Account Allocation Committee, and political contests in Abuja and state capitals reflect tensions managed through constitutional clauses on residuary powers, revenue sharing, and state creation processes exemplified by the creation of Osun State.

Amendment process and constitutional crises

Amendments require passage by the National Assembly (Nigeria), supermajorities in state houses of assembly, and procedures shaped by episodes like the failed 2005 constitutional review and the 2010-2011 electoral reforms. Crises arising from contested transitions—visible during periods involving the Supreme Court of Nigeria rulings, the Electoral Act debates, and executive-legislative conflicts—have prompted dialogues with international partners including the Economic Community of West African States and legal scholarship from institutions like the University of Lagos and Obafemi Awolowo University.

Implementation, interpretation, and judicial review

Judicial institutions interpret constitutional text through precedent in cases adjudicated by the Supreme Court of Nigeria, the Court of Appeal (Nigeria), and state high courts, engaging doctrines comparable to those in the United States Supreme Court or the House of Lords before reforms. Implementation involves administrative agencies such as the Independent National Electoral Commission and enforcement by prosecutors from the Office of the Attorney General of the Federation; constitutional litigation often features parties including the All Progressives Congress, the People's Democratic Party (Nigeria), governors from Lagos State and Anambra State, and civil society actors like the Nigeria Bar Association. Contemporary debates focus on constitutional reform proposals advanced by commissions, universities, and civic forums anchored in capitals like Abuja and port cities including Port Harcourt.

Category:Law of Nigeria