Omar Bennett
The Nigerian Constitution has undergone several revisions since the country's independence from Great Britain in 1960. The current constitution, enacted on 29 May 1999, establishes Nigeria as a federation with democratic rule and outlines fundamental rights and protections for its citizens. The five sources of the Nigerian Constitution include historical documents and experiences, customary law and grassroots norms, international rules and conventions, intellectual works, and the deliberations of constitutional conferences. These sources inform and shape the country's supreme law, reflecting Nigeria's diverse cultural and political landscape.
| Characteristics | Values |
|---|---|
| Current constitution | 1999 Nigerian Constitution |
| Previous constitutions | Clifford Constitution of 1922, Richards Constitution of 1946, Macpherson Constitution of 1951, Lyttleton Constitution of 1954 |
| Structure and composition | Legacy of British colonial rule |
| Diversity | 374 multilingual groups with different cultures and traditions |
| Human rights | Does not fully support human rights, restricts "all persons are equal" to citizens only |
| Individual rights | Life, liberty, dignity, privacy, freedom of expression, religious freedom, security from slavery, violence, discrimination, forced service in the military, timely and fair trial, presumption of innocence, land ownership, assembly, freedom of movement |
| Protected laws | Land Use Act, National Securities Agencies Act, National Youth Service legislation, Public Complaints Commission Act |
| Federal laws | Decrees |
| State laws | Edicts |
| Customary law | Traditions, cultures, customs, social, cultural, economic, political values, and belief systems of indigenous communities |
| Legislation | Most important source of Nigerian law |
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What You'll Learn
Nigerian Customary Law
Customary law is a system of legal rules that have been handed down orally from generation to generation and are now deeply rooted in the social, cultural, economic, and political values of the people. It is characterised by legal obligations that emanate from people's norms, traditions, and customs. There is no uniform customary law in Nigeria, and even among communities of the same ethnic group, the laws may vary. This has presented difficulties in ascertaining the rules, as there is no written codification.
Customary law is applicable in civil matters, but it is not applicable in criminal cases, as per Section 36(12) of the Constitution, which states that all criminal laws should be written, while customary laws are mostly unwritten. The courts may accept books recognised by natives as containing their customary laws, but they are not required to do so, and they may reject the opinions expressed in these books if they doubt their validity.
Customary law is distinct from Islamic law, which is written and does not require proof before a court. Islamic law is followed in the predominantly Muslim northern states, while the predominantly Christian southern states tend to follow customary law.
Documents That Inspired the Constitution
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The Lyttleton Constitution
Nigeria has had many constitutions, with the current form enacted on 29 May 1999, creating the Fourth Nigerian Republic. The Lyttleton Constitution, named after Oliver Lyttleton, was enacted in 1954 and was the next revision of the constitution after the Macpherson Constitution of 1951. It firmly established the federal principle and paved the way for Nigeria's independence from Great Britain.
Under the Lyttleton Constitution, Nigeria retained Queen Elizabeth II as the titular head of state, with Nnamdi Azikiwe representing her as Governor-General. The Lyttleton Constitution was followed by the country's second constitution, which came into force on 1 October 1963, the third anniversary of Nigeria's independence. This second constitution abolished the monarchy and established the First Nigerian Republic, with Nnamdi Azikiwe as the first President of Nigeria.
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The Second Nigerian Republic
The 1979 constitution mandated that political parties and cabinet positions reflect the "federal character" of the nation. Political parties were required to be registered in at least two-thirds of the states, and each state was required to produce at least one cabinet member. Six political parties competed in the 1979 elections, and Alhaji Shehu Shagari of the National Party of Nigeria (NPN) was elected president.
Shagari was sworn in as the first President and Commander-in-Chief of the Federal Republic of Nigeria on 1 October 1979. He served his first term without much hassle, but his push for a second term in 1983 was marred by violence and allegations of widespread vote-rigging. Despite this, Shagari and the NPN were returned to power in a landslide victory, winning a majority of seats in the National Assembly and control of 12 state governments.
However, on 31 December 1983, the military overthrew the Second Republic, citing charges of corruption and administrative incompetence. Major General Muhammadu Buhari became the military leader of the new government, and Shagari was placed under house arrest. The Second Nigerian Republic was thus a brief formation of the Nigerian state, which was succeeded by another period of military rule.
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The Fourth Nigerian Republic
The constitution of the Fourth Nigerian Republic outlines individuals' fundamental rights, 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 and the presumption of innocence. The constitution also protects four laws: the Land Use Act, the National Securities Agencies Act, the National Youth Service legislation, and the Public Complaints Commission Act.
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The British Magna Carta
The Nigerian Constitution has been influenced by various sources, reflecting the country's diverse cultural and political history. Here, we will focus on the British Magna Carta as one of the foundational texts that has shaped the development of constitutional law in Nigeria and many other countries.
The Magna Carta, or "Great Charter," is a seminal document in the history of English political liberties. Drafted in 1215 at Runnymede, a meadow by the River Thames, it was signed by King John under pressure from his rebellious barons to avert civil war. The charter addressed the relationship between the monarch and the barons, outlining the liberties and rights of "free men." It declared the sovereign subject to the rule of law, establishing a foundation for individual rights in Anglo-American jurisprudence.
The Magna Carta included 63 clauses, some of which were:
- Reforming law and justice
- Controlling the behaviour of royal officials
- Providing for a free church
- Empowering barons to choose 25 representatives to ensure the preservation of their rights and liberties
While the original 1215 charter has been repealed, three clauses remain in force in England and Wales through the reissued Magna Carta of 1297. The Magna Carta's enduring influence lies in its general clauses, which have been interpreted and invoked to protect individual freedoms and challenge arbitrary authority. It has been revered by legal scholars and politicians alike, with Lord Denning describing it as "the greatest constitutional document of all times."
The Magna Carta has had a profound impact on the development of constitutional law worldwide. It influenced the laws of countries that were once part of the British Empire, including Australia, New Zealand, Canada, and South Africa. Its principles inspired the American colonists' fight to preserve their perceived liberties and rights, and it remains a powerful symbol of liberty and the rule of law.
In conclusion, the British Magna Carta is a foundational text that has shaped constitutional thinking and legal systems worldwide. Its principles, though often reinterpreted and adapted, continue to resonate in modern times, reflecting a universal desire for freedom, justice, and the limitation of governmental power.
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