Nigerian Constitution of 1999

Nigerian Constitution of 1999
Name	Constitution of the Federal Republic of Nigeria, 1999
Country	Nigeria
Adopted	1999
Effective	1999-05-29
System	Federal presidential
Branches	Executive, Legislature, Judiciary
Chambers	Senate, House of Representatives

Nigerian Constitution of 1999 The Constitution of the Federal Republic of Nigeria, 1999, is the supreme law that re-established constitutional rule after military regimes led by figures such as General Sani Abacha and General Ibrahim Babangida, marking a transition to civilian rule under President Olusegun Obasanjo. It integrates elements from prior instruments including the 1946 Richards Constitution, the 1954 Lyttleton Constitution framework, the 1979 Nigerian Constitution, and experiences from the First Nigerian Republic and Second Nigerian Republic, shaping post-military institutions such as the Independent National Electoral Commission and the National Assembly (Nigeria).

Background and Adoption

The 1999 charter emerged during a period influenced by events like the annulment of the June 12, 1993 Nigerian presidential election associated with Chief M.K.O. Abiola and the political crisis following General Sani Abacha's death, which set the stage for the 1998–1999 transition. The Armed Forces Revolutionary Council era, the role of Ernest Shonekan's interim administration, and pressures from international actors including the Commonwealth of Nations, the United Nations, and bilateral partners shaped the timetable for drafting and promulgation. A Constitution Drafting Committee and consultations with governors from states such as Lagos State, Rivers State, and Kano State interacted with civil society organizations like the Human Rights Watch-linked groups and domestic bodies including the Nigeria Bar Association to finalize the instrument adopted on 29 May 1999.

Structure and Main Provisions

The 1999 Constitution organizes Nigeria into a preamble and chapters addressing fundamental human rights, the Federal Capital Territory, citizenship, the National Assembly, the President and Vice President, the state executives, and the Judiciary. It preserves bicameralism via the Senate of Nigeria and House of Representatives of Nigeria, establishes executive institutions such as the Federal Executive Council and agencies like the Central Bank of Nigeria and the Code of Conduct Bureau, and defines fiscal relations with mechanisms akin to the Federation Account. Provisions derive precedent from the 1979 Nigerian Constitution and interact with international instruments endorsed by Nigeria, including the African Charter on Human and Peoples' Rights and the Universal Declaration of Human Rights.

Fundamental Rights and Duties

Chapter IV sets out rights and duties reflecting influences from instruments such as the International Covenant on Civil and Political Rights and domestic litigation in cases before the Supreme Court of Nigeria and the Court of Appeal (Nigeria). It enumerates civil liberties impacting individuals in states including Kaduna State and Anambra State, addresses freedoms that have been litigated in matters involving political actors like Nuhu Ribadu and organizations such as the Economic and Financial Crimes Commission, and frames duties resonant with civic norms advanced by groups like the National Human Rights Commission (Nigeria). Jurisprudence under the constitution has engaged precedents set by judicial bodies including the International Court of Justice in comparative reasoning and domestic rulings involving electoral disputes brought to the Election Petition Tribunal (Nigeria).

Federalism and State Powers

The constitution codifies a federal arrangement dividing powers among the federal center and 36 states such as Oyo State and Delta State, with local governments like Lagos Island Local Government recognized in schedules aligning with revenue allocation from the Federation Account Allocation Committee (FAAC). It designates exclusive, concurrent, and residual lists impacting sectors such as petroleum regulated alongside the Nigerian National Petroleum Corporation and natural resources policies that have fueled tensions in regions like the Niger Delta. Intergovernmental mechanisms test relationships between the National Economic Reconstruction Fund-era institutions and state administrations, with cases before tribunals and courts shaping interpretations of state immunity and concurrent legislative competence.

Amendment Process and Constitutional Review

Amendment procedures require supermajorities in the National Assembly and ratification by a majority of state houses of assembly, reflecting models seen in constitutions such as the Constitution of the United States and amendments inspired by post-colonial transitions in countries like India. Judicial review of constitutional questions occurs in the Supreme Court of Nigeria and through adjudication involving parties including state governors, political parties such as the All Progressives Congress and the Peoples Democratic Party, and civil society litigants. High-profile reform debates have referenced commissions like the National Political Reform Conference and commissions led by figures such as Justice Uwais.

Implementation, Impact, and Criticism

Implementation has been uneven, provoking critiques from academics at institutions like the University of Lagos and Ahmadu Bello University, activists from groups such as the Socio-Economic Rights and Accountability Project and international observers including the European Union election observation mission. Critics highlight issues in areas of electoral integrity overseen by the Independent National Electoral Commission, fiscal federalism disputes involving the Revenue Mobilisation Allocation and Fiscal Commission and security challenges addressed by the Nigeria Police Force and regional security bodies. Calls for comprehensive reform address concerns raised in events like the 2012 National Confab and analyses by scholars referencing comparative constitutionalism in jurisdictions such as South Africa and Kenya, while proponents note continuity in restoring democratic institutions after military rule exemplified by transitions in nations like Ghana.

Category:Constitutions