Malcolm Rivera
Nigeria has had many constitutions throughout its history. Its current constitution, enacted on May 29, 1999, established the Fourth Nigerian Republic. Three notable aspects of the constitution include:
1. The right of every Nigerian citizen to acquire and own immovable property anywhere in the country.
2. The requirement for a simple majority to determine any question, except as otherwise provided by the constitution.
3. The vesting of executive powers in the President, who may exercise these powers directly or through the Vice-President, Ministers of the Government, or officers in the public service of the Federation.
| Characteristics | Values |
|---|---|
| Current Constitution | Enacted on 29 May 1999 |
| Previous Constitutions | Clifford Constitution (1922), Richards Constitution (1946), Macpherson Constitution (1951), Lyttleton Constitution (1954), 1963 Constitution, 1979 Constitution, 1993 Constitution |
| Equality | "All citizens are equal ..." |
| Citizenship | A person may be registered as a citizen of Nigeria if the President is satisfied that they are of good character, have shown a clear intention to be domiciled in Nigeria, and have taken the Oath of Allegiance. |
| Property Rights | Every citizen of Nigeria has the right to acquire and own immovable property anywhere in the country. |
| Executive Powers | Vested in the President and may be exercised by the President directly or through the Vice-President, Ministers of the Government, or officers in the public service. |
| War Declaration | The President shall not declare a state of war with another country except with the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session. |
| Deployment of Armed Forces | No member of the armed forces shall be deployed on combat duty outside Nigeria except with the prior approval of the Senate. |
| Legislative Process | The Senate or the House of Representatives shall provide rules for declaring pecuniary interests, voting procedures, and penalties for non-compliance. |
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What You'll Learn
Nigerian citizens' rights
The current Nigerian constitution, enacted on 29 May 1999, is the supreme law of the Federal Republic of Nigeria. This is not the first constitution the country has had, with previous versions including the Richards Constitution, which recognised the country's diversity, and the Lyttleton Constitution, which established the federal principle and paved the way for Nigeria's independence.
The 1999 Constitution outlines the rights of Nigerian citizens, including the right to own property. Every citizen of Nigeria has the right to acquire and own immovable property anywhere in the country. No moveable property can be taken without consent, and no right over any such property can be acquired compulsorily, except in the manner prescribed by law.
The Constitution also outlines the duties of Nigerian citizens, including the duty to pay taxes and declare income honestly to the appropriate and lawful agencies. It also defines who is a citizen of Nigeria, including anyone born in the country before independence with at least one parent or grandparent belonging to a community indigenous to Nigeria.
The Constitution further outlines the powers of the executive, stating that they should not impede or prejudice the exercise of the executive powers of the Federation, endanger any government assets or investments, or endanger the continuance of a Federal Government in Nigeria. It also states that the President shall not declare a state of war with another country without the sanction of a resolution of both Houses of the National Assembly, sitting in a joint session.
The Nigerian Constitution also outlines the powers of the Senate and the House of Representatives, including the power to procure evidence and examine witnesses for any investigation under Section 88 of the Constitution. It also states that a member of the House shall declare any direct pecuniary interest in any matter coming before the House for deliberation.
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Presidential powers
The constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. The country has had many constitutions, with the current form enacted on 29 May 1999, kickstarting the Fourth Nigerian Republic.
The President of Nigeria holds significant powers, as outlined by the constitution. Here is a detailed overview of the presidential powers in Nigeria:
Executive Powers
The constitution vests the executive powers of the Federation in the President. The President can exercise these powers directly or through the Vice-President, Ministers of the Government of the Federation, or officers in the public service of the Federation. The President is responsible for executing and maintaining the constitution, as well as enforcing the laws made by the National Assembly. The President's powers extend to all matters within the jurisdiction of the National Assembly.
Declaration of War
The President cannot unilaterally declare a state of war between Nigeria and another country. Such a declaration requires the sanction of a joint session of both Houses of the National Assembly. This provision ensures that the decision to go to war is made collectively by the executive and legislative branches of the government.
Military Deployment
The President must seek the approval of the Senate before deploying members of the armed forces of the Federation on combat duty outside Nigeria. This provision ensures civilian oversight of the military and requires the President to obtain consent for engaging in international military conflicts.
Emergency Powers
The President has the power to declare a state of emergency in specific situations, as outlined in Section 305 of the Constitution. This proclamation of a state of emergency can trigger a “period of emergency,” during which certain constitutional provisions may be derogated from to address the emergency situation.
Law Enforcement and National Security
The President, as the head of the executive branch, oversees law enforcement and national security matters. While the constitution outlines the independence of the judiciary, the President works closely with law enforcement agencies to maintain peace, order, and security within the Federation.
The Nigerian constitution has undergone numerous revisions, reflecting the country's complex history and diverse cultural landscape. The presidential powers outlined above are subject to the provisions of the constitution and can be further shaped by legislative and judicial checks and balances.
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Requirements for citizenship
The current constitution of Nigeria was enacted on 29 May 1999, marking the start of the Fourth Nigerian Republic. This constitution outlines the requirements for citizenship, which are as follows:
Firstly, citizenship is granted to those born in Nigeria before the date of independence (from Great Britain on 1 October 1960) if either their parents or grandparents belong or belonged to an indigenous Nigerian community. However, if neither parent nor grandparent was born in Nigeria, citizenship is not acquired through birth alone under this provision.
Secondly, the constitution grants every citizen of Nigeria the right to acquire and own immovable property anywhere in the country. This right is subject to the provisions outlined in the constitution.
Thirdly, citizens have a duty to pay taxes and declare their income honestly to the appropriate and lawful agencies. They are also required to pay their taxes promptly.
Finally, the constitution states that Nigerian citizenship may be lost if a person voluntarily acquires the citizenship of another country or makes a declaration of allegiance to another country. This is, however, subject to exceptions prescribed by the National Assembly.
It is important to note that Nigeria has had many constitutions due to its diverse and divided nature, with over 374 multilingual groups and a history of political corruption. The 1999 constitution is the most recent iteration.
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The role of the House of Assembly
Nigeria has had many constitutions, with its current form enacted on 29 May 1999, kickstarting the Fourth Nigerian Republic. The constitution is the written supreme law of the Federal Republic of Nigeria.
The National Assembly of the Federal Republic of Nigeria is a bicameral legislature established under Section 4 of the Constitution. It consists of 109 members of the Senate and 360 members from the House of Representatives. The Assembly sits for a maximum of four years, after which the president dissolves it and calls a new Assembly.
The House of Assembly, also known as the State House of Assembly, is the state-level legislature. It is a unicameral body with elected members serving four-year terms. Members are designated as members of the House of Assembly, assemblymen, or MHA.
The House of Assembly plays a crucial role in the legislative process and has specific duties and powers outlined in the Constitution. Here are some key roles and functions of the House of Assembly:
- Legislative Functions: The House of Assembly is primarily responsible for creating and passing laws within its state. It introduces, debates, amends, and votes on bills that affect the state and its citizens. This includes legislation on a range of topics, such as education, healthcare, infrastructure, and state taxes.
- Oversight and Scrutiny: The Assembly provides oversight of the state's executive branch, including the governor and state agencies. This involves holding hearings, conducting investigations, and scrutinising the actions and policies of the executive to ensure they are acting in the best interests of the state and its residents.
- Representation and Constituency Work: Members of the House of Assembly represent the people of their districts or constituencies. They are expected to maintain close contact with their constituents, understand their needs and concerns, and advocate on their behalf. This includes addressing individual issues, such as helping constituents navigate government services, as well as bringing the concerns of their districts to the state level.
- Budget and Appropriations: The House of Assembly plays a crucial role in the state's budget process. It reviews and approves the state's annual budget, including allocating funds for various state programmes, agencies, and projects. Additionally, the Assembly may introduce and pass appropriations bills to allocate funds for specific purposes.
- Confirmations and Appointments: In some states, the House of Assembly may have a role in confirming or appointing certain state officials. This could include judges, members of state boards and commissions, and other key positions. The Assembly ensures that qualified and suitable individuals are appointed to these important roles.
- Impeachment Powers: In certain circumstances, the House of Assembly may initiate impeachment proceedings against state officials, including the governor, for misconduct or dereliction of duty. This serves as a check on the power of the executive and ensures accountability.
The House of Assembly is an essential component of Nigeria's federal system, providing a platform for lawmaking, representation, and oversight at the state level. While it operates within the framework of the Constitution, the Assembly also works to assert its independence and effectively serve the interests of the people of its state.
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Historical context
Nigeria has had a long and complex constitutional history, with many attempts to form an effective constitution due to the country's diverse and divided nature. The country has over 374 multilingual groups with different cultures and traditions, which has contributed to political corruption and a lack of unification.
The first constitution was enacted on 1 October 1960, the same date that Nigeria gained independence from Great Britain. This constitution retained Queen Elizabeth II as the titular head of state and Queen of Nigeria. This was followed by the Richards Constitution, which recognised the country's diversity by introducing a federal principle with regional authority. However, it intensified regionalism instead of encouraging political unification.
The Lyttleton Constitution, named after Oliver Lyttleton, was enacted in 1954 and further established the federal principle. This constitution paved the way for Nigeria's independence. The current constitution was enacted on 29 May 1999 and kickstarted the Fourth Nigerian Republic. This constitution outlines the right to own property, the duty to pay taxes, and the process for investigations under Section 88. It also addresses citizenship, stating that a person born in Nigeria with at least one parent or grandparent belonging to an indigenous community shall be a citizen.
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