Nigerian Constitution: Key Features And Characteristics

The Constitution of Nigeria is the supreme law of the Federal Republic of Nigeria. It has gone through several revisions since the country's independence from Great Britain in 1960. The current constitution, enacted in 1999, established the Fourth Nigerian Republic, a federation with democratic rule. It defines the national capital, 36 states and their capitals, and 774 local government areas within the country. The constitution outlines fundamental rights and freedoms for citizens, including life, liberty, dignity, privacy, freedom of expression, and protection from discrimination. It also establishes the legislative, executive, and judicial branches of government and outlines their duties and the separation of powers.

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Human rights and equality

The Nigerian Constitution outlines the fundamental human rights and freedoms of individuals, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. It also defines a person's right to a timely and fair trial if arrested, the presumption of innocence, the right to own land, the right of assembly, and freedom of movement.

However, the Nigerian Constitution falls short of fully supporting human rights. Unlike typical Western constitutions, which assert that "all persons are equal," the Nigerian Constitution limits equality to citizens, stating, "All citizens are equal..." This distinction has significant implications in a country with a large number of non-citizens, such as refugees and migrants.

The Constitution also addresses citizenship and naturalization processes. It grants the President the authority to approve citizenship applications and outlines the requirements for citizenship, including being a person of good character, demonstrating a clear intention to reside in Nigeria, and taking the Oath of Allegiance. The Constitution further empowers the President to make regulations regarding immigration and to grant special immigrant status to non-Nigerian spouses of citizens.

The Nigerian Constitution also provides for the renunciation of citizenship. Any citizen of full age who wishes to renounce their Nigerian citizenship must make a formal declaration, after which the President shall register the declaration, and the person will no longer be considered a citizen. The President may withhold registration during a time of war or if it is deemed contrary to public policy.

The Constitution promotes the preservation and advancement of Nigerian cultures that enhance human dignity and are consistent with the fundamental objectives outlined in the document. It encourages the development of technological and scientific studies that align with cultural values. Additionally, it emphasizes national ethics, including discipline, integrity, dignity of labor, social justice, religious tolerance, self-reliance, and patriotism.

Democratic rule

The current Nigerian constitution was enacted on 29 May 1999, establishing the Fourth Nigerian Republic and kickstarting a period of democratic rule. This constitution outlines the legislative, executive, and judicial branches of government, as well as their duties and the separation of powers between the branches and federal and state governments.

The constitution defines Nigeria as a federation with 36 states and their capitals, 774 local government areas, and a national capital. It establishes a National Assembly with two chambers: a Senate and a House of Representatives. The National Assembly holds legislative powers, including the ability to make laws for the "peace, order and good government of the Federation".

The 1999 constitution also outlines fundamental rights for individuals, including the right to life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. Nigerians also have the right to a timely and fair trial, the presumption of innocence, the right to own land, the right of assembly, and freedom of movement.

The constitution protects four specific laws: the Land Use Act, the National Securities Agencies Act, the National Youth Service legislation, and the Public Complaints Commission Act. It also establishes national ethics, including discipline, integrity, dignity of labour, social justice, religious tolerance, self-reliance, and patriotism.

The Nigerian constitution has undergone several revisions, with the most recent amendments made in 2017 and 2023. The country's structure and composition are a legacy of British colonial rule, and Nigeria has a diverse population with over 374 multilingual groups, each with distinct cultures and traditions. This diversity has made it challenging to establish an effective constitution, and the country has experimented with various political systems in its pursuit.

Citizenship

The Nigerian Constitution explicitly makes provisions for individuals who want to obtain Nigerian citizenship. There are three ways to acquire citizenship in Nigeria: by birth, by naturalisation, and by registration.

Section 25 of the 1999 Constitution provides that citizenship of Nigeria can be acquired by birth through descent from a person or persons who are themselves Nigerian.

Section 26 of the Constitution provides that two classes of people can become citizens of Nigeria by registration:

• Any woman who is or has been married to a citizen of Nigeria.
• Every person of full age and capacity born outside Nigeria any of whose grandparents is a citizen of Nigeria.

To be eligible for citizenship by registration, an individual must:

• Be of good character, with two people testifying to this statement, one of whom should be a religious minister.
• Express a clear desire to reside in the country, fulfilling residency requirements necessary to qualify as a citizen.
• Take the oath of allegiance to Nigeria, administered by a representative of the government in a citizenship ceremony.

Section 27 of the Constitution makes provision for citizenship by naturalisation, provided certain requirements are met subject to Section 28 of the Constitution. If an individual meets these requirements, they may apply to the President for a certificate of naturalisation. The requirements are as follows:

• The applicant must be of full age and capacity (aged 18 and above).
• The governor of the state of the host community where the person applying for citizenship wants to reside must confirm the willingness of that community to accept that individual.
• The individual has taken the oath of allegiance prescribed in Schedule 7 to the Constitution.
• The individual has resided in Nigeria for a continuous period of 15 years preceding the application date. Alternatively, they have lived continuously for 12 months in Nigeria, and over the next 20 years have lived in Nigeria intermittently for periods totalling not less than 15 years.

Renouncing Nigerian Citizenship

Under Section 29 of the Constitution, a citizen of Nigeria of full age (defined as 18 years and above) who wishes to renounce their Nigerian citizenship shall make a declaration in the prescribed manner for renunciation. The President shall cause this declaration to be registered, and upon such registration, the person who made the declaration shall cease to be a citizen of Nigeria. The President may withhold the registration of any declaration if it is made during any war in which Nigeria is physically involved or if it is contrary to public policy.

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Judicial system

The Nigerian Constitution recognises courts as either Federal or State courts. The President appoints justices or judges to federal courts, while State Governors appoint judges to state courts. All appointments are based on the recommendations of the National Judicial Council. The Federal courts are the Supreme Court, the Court of Appeal, and the Federal High Court. The State courts include the High Court of a State, the Customary Court of Appeal of a State, and the Sharia Court of Appeal of a State. Each of the 36 states is constitutionally allowed to have all of these courts. However, the predominantly Muslim northern states tend to have Sharia courts rather than Customary courts, while the predominantly Christian southern states tend to have Customary courts instead of Sharia courts.

The Supreme Court is presided over by the Chief Justice and has up to 15 justices. It is the final court of appeal and has jurisdiction over disputes between states or between the federal government and any state, especially in relation to the allocation of funds or resources, and over disputes arising from elections. The Federal Court of Appeal is headed by a president and has at least 35 justices, with a minimum of three experts in Sharia Law and three in customary law. There is also a Federal High Court and a High Court in each state. States are entitled to have a Sharia Court of Appeal and a Customary Court of Appeal.

The Code of Conduct Tribunal (CCT) is made up of a chairman and two other members. The chairman must be a person who has held or is qualified to hold office as a Judge of a superior court of record in Nigeria. The chairman and other members of the Tribunal are appointed by the President on the recommendation of the National Judicial Council.

The Nigerian Constitution guarantees the independence of the judiciary. The 1999 Constitution provides that the courts to which the section relates are the only 'Superior Courts of Record' in Nigeria. Thus, only the courts established by the Constitution are 'Superior Courts of Record'. The composition and qualifications required of members of the courts established by the Constitution are as follows: The Supreme Court is made up of the Chief Justice of the Federation and other Justices, the number of which is to be prescribed by an Act of the National Assembly, but which must not exceed 21.

The method of appointment of members of the Judiciary has a direct bearing on the integrity and independence of the Judges. Under the 1999 Constitution, there are two methods of appointment in relation to the Federal courts: appointment by the President, on the recommendation of the National Judicial Council, subject to confirmation by the Senate. The Chief Justice and Justices of the Supreme Court, and all the heads of the various courts such as the Court of Appeal, Federal High Court, High Court of the FCT Abuja, Sharia Court of Appeal Abuja, and Customary Court of Appeal Abuja, are appointed in this manner. The Federal Judicial Service advises the National Judicial Council on these recommendations, except in relation to the Courts of the FCT Abuja. Judges in the state high courts are appointed by the state governors, also on the recommendation of the National Judicial Council, and approved by the state assembly.

Nigerian cultures and values

Nigeria has had many constitutions, with the most recent one enacted on 29 May 1999, establishing the Fourth Nigerian Republic. This constitution outlines the fundamental rights of individuals, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. It also defines a person's right to a timely and fair trial, the presumption of innocence, the right to own land, the right of assembly, and freedom of movement.

The Nigerian Constitution also addresses citizenship and naturalization processes, outlining the requirements for acquiring Nigerian citizenship and the procedures for renouncing it. It grants the President the authority to make regulations and decisions regarding citizenship and immigration matters, including granting special immigrant status to non-Nigerian spouses of citizens.

The national ethics outlined in the constitution include discipline, integrity, dignity of labor, social justice, religious tolerance, self-reliance, and patriotism. Nigerians are expected to respect the ideals and institutions of the constitution, uphold the country's power and prestige, and defend its interests. The mass media, including the press, radio, and television, are tasked with upholding these fundamental objectives and holding the government accountable to the people.

The constitution establishes Nigeria as a federation with democratic rule, defining the national capital, 36 states and their capitals, and 774 local government areas. It outlines the legislative, executive, and judicial branches of government, detailing their duties and the separation of powers between federal and state governments. The legislative powers are vested in the National Assembly, which consists of a Senate and a House of Representatives, tasked with making laws for the "peace, order, and good government of the Federation."

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