Nigerian Constitution

Nigerian Constitution
Lumia1234 · CC BY-SA 3.0 · source
Name	Constitution of the Federal Republic of Nigeria
Promulgated	29 May 1999
Jurisdiction	Nigeria
System	Federal system; Presidential system
Branches	Executive, Legislature, Judiciary
Chambers	Senate and House of Representatives
Executive	President of Nigeria
Courts	Supreme Court of Nigeria; Court of Appeal of Nigeria
Language	English

Nigerian Constitution

The Constitution of the Federal Republic of Nigeria is the supreme law that defines the powers of the President of Nigeria, the composition of the National Assembly and the jurisdiction of the Supreme Court of Nigeria. It establishes structural relations among federal, state and local institutions and sets out rights protected against state action. The document reflects influences from constitutional instruments such as the Amalgamation, the Lagos Colony legal traditions and comparative models like the United States Constitution, British constitutional conventions and the Canadian Charter of Rights and Freedoms.

History and Development

The constitutional development traces from colonial statutes—1914 arrangements and the Clifford Constitution—through transitional texts including the Richard's Constitution, the Macpherson Constitution, the Lyttleton Constitution and the 1960 Independence Constitution. Post-independence revisions include the 1963 Constitution of Nigeria that created the First Republic, the 1979 Constitution of Nigeria establishing the Second Republic with a presidential system, the 1983 Nigerian coup d'état era instruments, the 1993 Nigerian presidential election aftermath and the 1999 promulgation marking the start of the Fourth Republic. Key actors in these transitions include figures such as Nnamdi Azikiwe, Ahmadu Bello, Obafemi Awolowo, military regimes and constitutional commissions like the Adebo Commission.

Structure and Content

The Constitution is organized into chapters addressing the Executive, the Legislature, the Judiciary, revenue allocation and emergency powers. It outlines the roles of the Vice President of Nigeria, the Chief Justice of Nigeria, the Attorney General of the Federation and agencies such as the Independent National Electoral Commission and the Economic and Financial Crimes Commission. Financial provisions reference the Federation Account, the Revenue Mobilisation Allocation and Fiscal Commission and the Central Bank of Nigeria. The document also prescribes the composition of the Nigerian Armed Forces command and the functions of institutions like the National Human Rights Commission.

Fundamental Rights and Duties

The Constitution enumerates fundamental rights, including protections related to personal liberty, fair trial and freedom of expression, providing avenues for enforcement through the Federal High Court and the State High Courts. It interfaces with instruments such as the African Charter on Human and Peoples' Rights and the Universal Declaration of Human Rights in domestic jurisprudence. Duties and obligations reference public service standards enforced by entities like the Code of Conduct Bureau and disciplinary mechanisms involving the Independent National Electoral Commission for public officers.

Federalism and State Powers

Federal structure allocates exclusive, concurrent and residual legislative lists affecting relations among the Federal Government, state governments and local governments. Revenue sharing models involve the Federation Account Allocation Committee and have been subject to disputes adjudicated by the Supreme Court of Nigeria and the Federal High Court. Resource control debates frequently cite the Niger Delta Development Commission and the Oil Mineral Producing Areas Development Commission amid tensions with states such as Rivers State, Delta State and Bayelsa State over petroleum derivation formulae.

Amendment Process

Amendments require passage by both chambers of the National Assembly and approval by a specified proportion of state houses of assembly, reflecting models similar to amendment rules in the United States Constitution and the Canadian constitutional amending formula. Notable amendment episodes include constitutional alterations during the Third Nigerian Republic experiments and successive bills presented to the National Assembly, with politically salient proposals debated by parties such as the All Progressives Congress and the Peoples Democratic Party.

Interpretation and Judicial Review

Interpretation is dominated by jurisprudence of the Supreme Court of Nigeria, which has resolved landmark disputes involving the Independent National Electoral Commission, the Attorney General of the Federation and state executives. The doctrine of justiciability and public interest litigation has been shaped by decisions referencing comparative courts like the House of Lords and the European Court of Human Rights. The Chief Justice of Nigeria and the National Judicial Council play roles in preserving judicial independence and discipline.

Impact and Criticisms

The Constitution has facilitated regular elections overseen by the Independent National Electoral Commission and transitions involving presidents such as Olusegun Obasanjo, Goodluck Jonathan and Muhammadu Buhari, but critics cite issues of implementation, inconsistencies in revenue allocation, and limited enforcement of rights by bodies like the National Human Rights Commission. Reform advocates including civil society groups, academic panels and commissions such as the Constitutional Drafting Committee argue for amendments addressing fiscal federalism, anti-corruption measures involving the Economic and Financial Crimes Commission and decentralization to states including Lagos State. Debates continue in forums involving the National Assembly, state assemblies and international partners like the Commonwealth of Nations.

Category:Constitutions of Nigeria