The Constitution's Supremacy: Nigeria's Reality Check

Nigeria has had many constitutions throughout its history, with its current form enacted on May 29, 1999, establishing the Fourth Nigerian Republic. The constitution is the supreme law of the Federal Republic of Nigeria, with its provisions holding binding force on all authorities and persons throughout the nation. This means that even the President is bound by the constitution, and any actions that go against it are deemed null and void. However, there are questions surrounding the effectiveness of the constitution, with some arguing that for it to be truly supreme, the organs of government must respect and adhere to it.

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The Nigerian Constitution's history and evolution

Nigeria has had many constitutions, with its current form enacted on May 29, 1999, marking the beginning of the Fourth Nigerian Republic. The country's structure and composition are a legacy of British colonial rule, and its diversity—with over 374 multilingual groups and distinct cultures and traditions—has made it challenging to establish a unified and effective constitution.

The evolution of the Nigerian Constitution can be traced back to the colonial era, with the implementation of various constitutions during this period:

• The Clifford Constitution (1922)
• The Richards Constitution (1946), which recognised the country's diversity and introduced a federal principle with regional authority.
• The Macpherson Constitution (1951)
• The Lyttleton Constitution (1954), which firmly established the federal principle and paved the way for Nigeria's independence.

Upon gaining independence from Great Britain in 1960, Nigeria adopted its first constitution as a sovereign state. This constitution retained Queen Elizabeth II as the titular head of state, with Nnamdi Azikiwe serving as the Governor-General. However, the country's second constitution, enacted in 1963 on the third anniversary of independence, abolished the monarchy and established the First Nigerian Republic, with Nnamdi Azikiwe becoming the first President.

The 1979 constitution marked another significant shift, establishing the Second Nigerian Republic and transitioning from the Westminster system to a United States-style presidential system with direct elections. This constitution also mandated political party registration across at least two-thirds of the states and established a Cabinet, giving a "federal character" to the nation.

The 1993 constitution aimed to usher in the Third Nigerian Republic and restore democratic rule, but it was never fully implemented due to military control until May 1999. The current 1999 constitution, which was amended in 2011, 2017, and 2023, created the Fourth Nigerian Republic and re-established democratic rule. It defines the national capital, 36 states and their capitals, and 774 local government areas within Nigeria.

The Nigerian Constitution outlines fundamental rights, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and protection from slavery, violence, discrimination, and forced military service. It also guarantees economic rights, such as the right to own land and freedom of movement, as well as political rights, like the right to assembly. The constitution also specifically promotes national integration while prohibiting discrimination based on place of origin, sex, religion, status, or ethnic, linguistic, or other sectional associations.

The Constitution's role in promoting unity and equality

Nigeria has had many constitutions. Its current form was enacted on 29 May 1999 and kickstarted the Fourth Nigerian Republic. The constitution is the supreme law of the Federal Republic of Nigeria. It establishes the legislative, executive, and judicial branches of government and details their duties and the separation of powers between the branches and federal and state governments.

The constitution of Nigeria plays a significant role in promoting unity and equality. Firstly, it provides a framework for the country's governance, outlining the roles and responsibilities of the different levels of government, which helps to ensure a unified approach to policy-making and implementation. Secondly, it guarantees individual civil rights and civil liberties for all citizens, which promotes equality and social justice.

One of the key provisions of the constitution that promotes unity is Section 1(1), which states that the constitution is supreme and its provisions shall be binding on all authorities and persons throughout the country. This means that everyone, including the President, is subject to the same rules and regulations, which helps to ensure a fair and just society.

Another important provision is Section 7, which promotes national integration and prohibits discrimination based on place of origin, sex, religion, status, or ethnic or linguistic association. It also encourages inter-marriage between people from different backgrounds and the formation of associations that cut across ethnic, religious, and other barriers. This helps to foster a sense of belonging and unity among the diverse population of Nigeria.

In addition, the constitution also promotes economic unity and equality by aiming to control the national economy to secure the maximum welfare, freedom, and happiness of every citizen. It also protects the right of citizens to engage in economic activities outside the major sectors controlled by the government.

However, it is important to note that despite the constitution's role in promoting unity and equality, Nigeria remains a deeply divided country with rampant political corruption. This suggests that the implementation and enforcement of the constitution may be uneven or ineffective in some areas.

Constitutional supremacy and its implications

Nigeria has had many constitutions, with its current form enacted on 29 May 1999, establishing the Fourth Nigerian Republic. This constitution is supreme and its provisions are binding on all authorities and persons throughout the Federal Republic of Nigeria. This means that the President and all citizens are bound by the constitution.

Section 1(3) of the 1999 Constitution further emphasises the supremacy of the constitution by stating that if any law is inconsistent with its provisions, the constitution shall prevail, and that other law shall be void. This has been demonstrated in numerous case laws, such as the actions of the President being declared unconstitutional and null in contrast to Section 162(5) of the Constitution. Another example is when members of the Oyo state house of assembly attempted to remove the Governor without following the provisions of Section 188, resulting in their actions being declared unconstitutional and void.

The implications of constitutional supremacy in Nigeria are significant. Firstly, it ensures that the country's laws and actions are in accordance with the constitution, promoting legality and accountability. Secondly, it empowers the judiciary to exercise judicial review and interpret the constitution, as seen in the suspension of the National Judicial Council, which was deemed unconstitutional. Thirdly, it provides a framework for governance, outlining the duties of legislative, executive, and judicial branches, and promoting national integration and equality.

However, Nigeria's constitution has been criticised for not fully supporting human rights and deviating from the typical statement of "all persons are equal" by restricting equality to citizens only. Additionally, the country's diversity and legacy of British colonial rule have contributed to political corruption and challenges in forming an effective constitution.

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The Constitution's role in defining the government's duties and powers

Nigeria has had many constitutions, with its current form enacted on 29 May 1999, establishing the Fourth Nigerian Republic. The constitution is the supreme law of the Federal Republic of Nigeria, with its provisions binding on all authorities and persons throughout the nation. This means that the President and all citizens are subject to the constitution, and any acts that contravene it are deemed null and void.

The 1999 Constitution establishes the legislative, executive, and judicial branches of government and outlines their duties and the separation of powers between federal and state governments. It defines the nation's capital, 36 states and their capitals, and 774 local government areas.

The Constitution also sets out the duties and powers of the government. It mandates the government to promote national prosperity and an efficient, dynamic, and self-reliant economy, while also controlling the national economy to secure the welfare, freedom, and happiness of all citizens. The Constitution also promotes equality, stating that the government shall actively encourage national integration and prohibit discrimination based on origin, sex, religion, status, or ethnic or linguistic associations.

The Constitution further outlines the government's role in economic activities, protecting citizens' rights to engage in economic activities outside the major sectors, while also managing and operating the major sectors. This includes activities related to the production, distribution, and exchange of goods and services.

Nigeria's constitution has evolved over time, influenced by its diverse cultural and colonial history. The country has experimented with various political systems, including civilian and military rule, federalism, and presidential and parliamentary systems, in an effort to establish an effective constitution that unifies the nation.

The enforcement of the Constitution's supremacy

Nigeria has had many constitutions, with its current form enacted on 29 May 1999, kickstarting the Fourth Nigerian Republic. This constitution is the written supreme law of the Federal Republic of Nigeria.

> "This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria."

This section makes it clear that the Constitution's provisions are binding on everyone in the country, regardless of their position. Even the President, as the number one citizen, is subject to the Constitution. This has been demonstrated in several cases where the actions of the President were declared unconstitutional and nullified, such as in the case of AG Lagos vs AG Federation.

Another example of the Constitution's supremacy is seen in the case of the Oyo state house of assembly, where members attempted to remove the state governor without following the full provisions of Section 188 of the Constitution. The Supreme Court, through a leading judgement by Tobi JSC, declared their actions unconstitutional and void.

Additionally, Section 1(3) of the Constitution reinforces its supremacy by stating:

> "If any law is inconsistent with the provisions of this constitution, this constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void."

This provision ensures that the Constitution takes precedence over any other laws that may contradict it.

In conclusion, the enforcement of the Constitution's supremacy in Nigeria is evident through its written nature, explicit statements of supremacy in Section 1(1) and 1(3), and judicial interpretations and actions that uphold the Constitution as the supreme authority in the land.

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