Amendments To The Nigerian Constitution: A Historical Overview

how many times has the nigerian constitution been amended

Nigeria has had many constitutions, with its first enacted in 1954 during the colonial era when the country was administered as a Crown Colony. This first constitution was followed by several others, including the Richards Constitution in 1946, the Macpherson Constitution in 1951, and the Lyttleton Constitution in 1954. The current form of the Nigerian constitution was enacted on May 29, 1999, and has been amended several times since. The most recent amendments occurred in 2025 and included 16 bills that ensured the financial independence of state institutions and regulated the first sessions of elected officials, among other things.

Characteristics Values
Current Constitution Enacted 29 May 1999
Current Constitution Amended 2011
Number of Amendments 16
First Constitution Enacted 1 October 1960
First Constitution Amended 1 October 1963

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The 1999 Constitution was amended in 2011

The 1999 Constitution of Nigeria was amended in 2011 by the Goodluck Jonathan administration. This amendment was the result of a long history of constitutional development in the country, dating back to the colonial era.

The 1999 Constitution, which was enacted on 29 May 1999, marked the end of a 16-year military dictatorship and the beginning of the Fourth Nigerian Republic. It was based on the 1979 Constitution and served as the legal framework for transitioning to a democratically elected civilian administration. This constitution is still in use today, but it has undergone amendments to address the diverse needs of Nigeria's many multilingual groups and to strengthen democratic governance.

The 2011 amendment to the 1999 Constitution introduced several changes. One notable change was the inclusion of a chapter on human dignity, which aimed to protect, preserve, and promote Nigerian cultures that enhance human dignity. It also encouraged the development of technological and scientific studies to enhance cultural values. Additionally, the amendment emphasised the responsibility of the mass media to uphold the fundamental objectives of this chapter and hold the government accountable to the people.

Another aspect of the 2011 amendment was the clarification of the process for granting certificates of naturalisation. It specified that applicants must satisfy the President and the Governor of the State that they are acceptable to the local community, have assimilated into the Nigerian way of life, and can contribute to the country's advancement. The amendment also addressed the citizenship status of individuals with parents or grandparents who would have been Nigerian citizens at the time of their birth, granting them citizenship rights.

Furthermore, the 2011 amendment outlined the law-making process, stating that a bill must originate in either the Senate or the House of Representatives and be passed by both houses before being presented to the President for assent. It also established a veto override procedure, allowing a bill to become law without the President's assent if it is passed by a two-thirds majority in each house. These amendments contributed to the strengthening of democratic processes and the separation of powers in Nigeria.

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The 16 bills in the 1999 Constitution amendments

Nigeria's current constitution was enacted on 29 May 1999, marking the beginning of the Fourth Nigerian Republic. This constitution has been amended several times, with one notable instance being the 16 bills in the 1999 Constitution amendments, which were signed into law by President Muhammadu Buhari.

These 16 bills, also known as the Fifth Alteration Bills 2023, made significant changes to the 1999 Constitution of the Federal Republic of Nigeria. One of the key amendments was granting states the authority to generate, transmit, and distribute electricity in areas serviced by the national grid, thereby enhancing their autonomy in energy management.

The bills also ensured the financial independence of State Houses of Assembly and the State Judiciary, marking a crucial step towards strengthening the country's democratic institutions and promoting good governance. Additionally, the amendments regulated the first session and inauguration of members-elect of the National and State Houses of Assembly. This regulation required the President and governors to submit their nominations for ministers or commissioners within 60 days of taking the oath of office, with the confirmation process handled by the Senate or State House of Assembly.

Another notable change was the renaming of prisons to correctional services, reflecting a shift in focus towards rehabilitation and reintegration. The amendment also moved the item "railway" from the exclusive legislative list to the concurrent list, allowing for more flexibility and collaboration between different levels of government in managing railway-related matters.

The 1999 Constitution amendments demonstrate Nigeria's ongoing efforts to refine its governing document and adapt it to the evolving needs and complexities of the nation. These amendments address a range of issues, from energy and financial autonomy to the functioning of legislative bodies and the justice system, reflecting the dynamic nature of constitutional law in a diverse and developing country like Nigeria.

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Nigeria's first constitution in 1954

Nigeria has had many constitutions, with its most recent one being enacted on May 29, 1999, which kickstarted the Fourth Nigerian Republic. The 1999 constitution was amended in 2011 and again in 2025.

The first constitution of Nigeria was enacted in 1954, also known as the Lyttleton Constitution. It was established during the colonial era when the country was administered as a Crown Colony. This constitution came about as a result of a conference in London, convened by the British Secretary of States for the Colonies, Oliver Lyttleton, with the major political parties in Nigeria. The 1954 Constitution firmly established the federal principle and paved the way for Nigeria's independence from Great Britain. It promoted regional sentiments among Nigerians. This constitution served as the most effective transition instrument that facilitated the end of British colonial rule in Nigeria and fostered the actualization of Nigeria's independence.

Prior to the 1954 Constitution, Nigeria had several other constitutions during the colonial period from 1914 to 1960, including the 1914 Constitution, the 1922 Constitution (also known as the Clifford Constitution), the 1946 Constitution (the Richards Constitution), and the 1951 Constitution (the Macpherson Constitution). These constitutions served as the legal instruments used by the colonial regime to govern Nigeria.

Following the 1954 Constitution, Nigeria gained independence from Great Britain on October 1, 1960, and enacted its second constitution. This constitution abolished the monarchy and established the First Nigerian Republic, with Nnamdi Azikiwe becoming the first President of Nigeria. The 1963 constitution was based on the Westminster system.

Since independence, Nigeria has continued to evolve constitutionally, with subsequent constitutions in 1979 and 1999, each establishing different republics and political systems.

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The 1963 constitution abolished the monarchy

Nigeria has had many constitutions, with its current form enacted on May 29, 1999, kickstarting the Fourth Nigerian Republic. The country's structure and composition are a legacy of British colonial rule, which ended in 1960 with the Nigeria Independence Act, making the federation an independent sovereign state.

During this time, Elizabeth II was the Queen of Nigeria, as well as other dominions and commonwealth realms. The Governor-General of Nigeria, appointed by the monarch on the advice of the Nigerian Prime Minister, carried out the constitutional roles of the Queen. Notably, the monarch held sovereignty in virtue of her "Nigerian Crown" and acted on the advice of the Nigerian Government, officially known as Her Majesty's Government. All executive powers rested with the sovereign, and laws were enacted with royal assent.

On October 1, 1963, the Federal Republic of Nigeria came into existence, and the monarchy was abolished. Nigeria became a republic within the Commonwealth. The 1963 constitution was based on the Westminster system, and it abolished the monarchy, establishing the First Nigerian Republic. Dr. Nnamdi Azikiwe, who had served as the Governor-General, became the first President of Nigeria, a largely ceremonial post under the new constitution.

The Royal Style and Titles Act of 1961 granted the monarch separate titles and styles in her role as Queen of Nigeria. Colloquially, Elizabeth II was referred to as Oba Obirin (Yoruba: King Lady) by the people of Yorubaland during her reign.

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The 2025 constitution's human rights stance

Nigeria has had many constitutions throughout its history, with its first being enacted during the colonial era as a Crown Colony. The country's current constitution was enacted on 29 May 1999, marking the beginning of the Fourth Nigerian Republic.

Since 1999, the constitution has undergone several amendments, with the first, second, and third amendments debated and signed into law between 2007 and 2011. In 2021, the National Assembly embarked on a series of public hearings to discuss potential changes to the 1999 Constitution, with 16 key issues being considered, including devolution of powers, administration of government, and judicial reform.

Despite these efforts, Nigeria's constitution in its 2025 iteration still falls short in its support for human rights. Unlike typical Western constitutions, which assert that "all persons are equal," the Nigerian constitution limits this equality to citizens only, stating, "All citizens are equal..." This distinction has significant implications, particularly in a country with a diverse population comprising over 374 multilingual groups and deep divisions along cultural and traditional lines.

The 2025 constitution's stance on human rights reflects a broader pattern in Nigeria's constitutional history, characterized by attempts to balance civilian and military rule, federalism, and different political systems. While the constitution promotes the preservation and enhancement of Nigerian cultures that uphold human dignity, it does not fully embrace the equality of all individuals, regardless of citizenship status. This discrepancy underscores the ongoing challenges faced by a nation striving to unify amidst deep-seated divisions and a legacy of British colonial rule.

To address these shortcomings and foster greater inclusivity, future amendments to the Nigerian constitution should aim to broaden the scope of human rights protections beyond citizens alone. By embracing the inherent dignity and equality of all people, regardless of their status, Nigeria can move closer to the ideal of a unified and just society, where diversity is celebrated, and equal rights are extended to everyone within its borders.

Frequently asked questions

Nigeria has had many constitutions and amendments. Its current form, the 1999 Constitution (revised in 2011), has been amended 16 times.

Nigeria's first constitution as a sovereign state was enacted on 1 October 1960, the same day the country gained independence from Britain. This constitution retained Queen Elizabeth II as titular head of state, with Nnamdi Azikiwe representing her as Governor-General.

The second Nigerian Constitution came into force on 1 October 1963, the third anniversary of Nigeria's independence. This constitution abolished the monarchy and established the First Nigerian Republic, with Nnamdi Azikiwe as the first President.

The most recent amendments were made to the 1999 Constitution and signed into law by the President in 2025. These amendments included changes to the financial independence of State Houses, the regulation of the first session and inauguration of members-elect, and the generation and distribution of electricity by states.

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