Isabella Carter
Nigeria's current constitution, enacted on May 29, 1999, is not without its flaws. While it outlines fundamental rights and establishes democratic rule, it falls short in its support for human rights. Unlike Western constitutions, which proclaim the equality of all people, the Nigerian constitution limits this right to citizens only, reflecting a legacy of British colonial rule and contributing to the country's deep-seated divisions and political corruption. This article will explore these weaknesses and discuss how they have impacted Nigeria's pursuit of an effective constitution.
Weaknesses of the Nigerian 1999 Constitution
| Characteristics | Values |
|---|---|
| Human rights | Unlike most Western constitutions, which state "all persons are equal", the Nigerian constitution restricts this to citizens only, stating "All citizens are equal..." |
| Political corruption | Nigeria's structure and composition are a legacy of British colonial rule, with over 374 multilingual groups with different cultures and traditions. This diversity contributes to Nigeria being "one of the world's most deeply divided countries" and has led to rampant political corruption. |
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What You'll Learn
- The 1999 Constitution does not fully support human rights
- Equality is restricted to citizens only
- Nigeria's diversity makes it one of the world's most divided countries
- The constitution outlines the right to a fair trial, religious freedom, and freedom of expression
- The 1999 Constitution created the Fourth Nigerian Republic
The 1999 Constitution does not fully support human rights
The 1999 Nigerian Constitution, which established the Fourth Nigerian Republic, has been criticised for not fully supporting human rights. This criticism is based on a few key factors. Firstly, unlike most Western constitutions, which state that "all persons are equal", the Nigerian Constitution restricts this right to citizens only, stating, "All citizens are equal...". This distinction has significant implications, particularly in a country with a large number of non-citizens, such as refugees and migrants.
Secondly, the Constitution, imposed by the military, has been criticised for lacking legitimacy. There were expectations that an elected government would prioritise a legislative agenda to rebuild the country and address human rights concerns. However, the executive branch and the legislature have been in constant discord, resulting in little new legislation being passed. This has contributed to a lack of progress in establishing a much-needed reform programme, including constitutional reforms.
The Constitution has also been criticised for its failure to adequately address serious human rights concerns. For example, in late 1999, Nigerian soldiers razed the town of Odi in the Niger Delta, engaging in violence and causing destruction. This incident highlighted the renewal of state violence in the region, which has been a cause for concern among human rights groups.
Additionally, the Nigerian government has been criticised for its response to issues regarding women's rights and religious laws. While the Constitution outlines fundamental rights, including freedom of expression and religious freedom, the government has been accused of not taking sufficient legal steps to address restrictions imposed on women, which violate the Convention on the Elimination of All Forms of Discrimination Against Women. Furthermore, the government has refused to take a clear stance on the constitutionality of Sharia law, preferring a "political" solution instead.
The diversity and division within Nigeria, stemming from its colonial legacy, have also contributed to the challenges in fully upholding human rights. With over 374 multilingual groups and a history of military rule, the country has struggled to establish effective constitutional governance that protects the rights of all its citizens.
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Equality is restricted to citizens only
The Nigerian Constitution of 1999, which established the Fourth Nigerian Republic, has been criticised for restricting equality to citizens only. This means that non-citizens are not guaranteed equal rights and protections under the law, which can lead to discrimination and inequality.
The restriction of equality to citizens only is a departure from the principle of universal equality, which is enshrined in many Western constitutions. While the Nigerian Constitution outlines the fundamental rights of citizens, including life, liberty, dignity, privacy, and freedom of expression, these rights are not extended to non-citizens in the same way. This has significant implications for the large number of non-citizens residing in Nigeria, including immigrants, refugees, and foreign workers.
The issue of restricted equality is particularly problematic in a country like Nigeria, which has a diverse population with over 374 multilingual groups and varying cultural and traditional practices. This diversity, which is a legacy of British colonial rule, has contributed to political corruption and division within the country. By restricting equality to citizens only, the Constitution further marginalises non-citizens and creates a hierarchy of rights that does not reflect the country's diverse reality.
Furthermore, the process of obtaining Nigerian citizenship can be challenging and exclusionary. According to the Constitution, a person must reside in Nigeria for a continuous period of fifteen years and be acceptable to the local community to be considered for naturalisation. This prolonged and stringent process can make it difficult for non-citizens to obtain the same rights and privileges as citizens, further exacerbating the issue of inequality.
The restriction of equality to citizens only in the Nigerian Constitution of 1999 is a significant weakness that contradicts the fundamental principle of equality for all. It contributes to a system that discriminates against non-citizens and fails to recognise the country's diverse and multicultural population. Addressing this weakness is crucial to promoting equality, inclusivity, and social justice in Nigeria.
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Nigeria's diversity makes it one of the world's most divided countries
Nigeria's diversity encompasses over 374 multilingual groups with distinct cultures and traditions, making it one of the world's most ethnically diverse nations. This diversity, however, has also contributed to deep divisions within the country.
One of the key challenges arising from Nigeria's diversity is the competition for access to national resources, particularly in the oil-rich Niger Delta region. The region has witnessed an almost unbroken orgy of violence and militarisation since the early 1990s, with ethnic groups such as the Hausa-Fulani, Yoruba, and Igbo vying for control. This has led to a situation where communities are prepared to fight to ensure their access to resources, resulting in a highly divided society.
The country's colonial history has also played a significant role in exacerbating divisions. During colonial rule, ethnic groups were categorised as 'superordinate' and 'subordinate', hardening the ethnic differences that already existed. The federal principle, introduced by the Richards Constitution of 1946, recognised the country's diversity by establishing regional authority. However, it also created regional assemblies that further emphasised these differences.
Nigeria's diverse cultural and political systems have also contributed to the country's division. The Yorubas of the west, for example, practised a monarchical system with consultative mechanisms, while the Hausa of the north followed a sharp hierarchical structure with power flowing from the Emir. These contrasting systems, when combined within a unified nation, can create friction and challenges in governance.
Additionally, the country's diversity has resulted in a multitude of identity constellations, including ethno-regional, territorial, gender, and religious identities, which often come into opposition. Inter-religious problems and the dominance of negative hetero-stereotypes have further contributed to the divisions within Nigerian society.
The challenges of managing diversity in post-colonial Nigeria have resulted in a situation where the country preaches unity but maintains division through its actions and policies. The creation of additional states and local government units, intended to provide each ethno-cultural community with control over its resources, has widened the distance between communities rather than fostering unity.
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The constitution outlines the right to a fair trial, religious freedom, and freedom of expression
The Nigerian 1999 Constitution outlines several rights and freedoms for its citizens, including the right to a fair trial, religious freedom, and freedom of expression.
Section 36 of the Constitution guarantees the right to a fair trial by an independent and impartial court or tribunal. This right includes the presumption of innocence until proven guilty, the right to a public trial in certain cases, and the requirement for the prosecution to prove its case beyond reasonable doubt. The Constitution also provides for the protection of the accused in criminal trials, ensuring that specific requirements must be met by the court.
In terms of religious freedom, the Constitution states that every person is entitled to freedom of thought, conscience, and religion. This includes the freedom to change one's religion or belief and the freedom to manifest and propagate one's religion or belief in worship, teaching, practice, and observance. Additionally, religious communities or denominations are allowed to provide religious instruction for their pupils in educational institutions maintained by that community or denomination.
The Constitution also guarantees freedom of expression, including the freedom to hold opinions and to receive and impart ideas and information without interference. This freedom extends to the press, radio, television, and other agencies of mass media, which are expected to uphold the fundamental objectives of the Constitution and hold the government accountable to the people.
While the Nigerian 1999 Constitution outlines these important rights and freedoms, it has also been criticised for certain weaknesses. Some critics argue that the Constitution does not adequately protect the rights of minority groups, particularly in relation to religious and cultural practices. There are also concerns about the concentration of power in the hands of the President, with some arguing that the Constitution gives the President too much discretion in certain areas, such as the approval of certificates of naturalisation and the deprivation of citizenship.
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The 1999 Constitution created the Fourth Nigerian Republic
The 1999 Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. It was enacted on 29 May 1999 and marked the beginning of the Fourth Nigerian Republic. This was the country's fourth attempt at a democratic constitution since independence in 1960.
The 1999 Constitution created a federal system with democratic rule. It defines the national capital, 36 states and their capitals, and 774 local government areas within Nigeria. It establishes the legislative, executive, and judicial branches of government and outlines their duties and the separation of powers between the branches and federal and state governments. The legislative powers are vested in a National Assembly, which consists of a Senate and a House of Representatives. The National Assembly has the power to make laws for the "peace, order and good government of the Federation".
The 1999 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 guarantees the right to a timely and fair trial if arrested and the presumption of innocence. Nigerians have the right to own land, assemble, and move freely. The constitution also protects four specific laws: the Land Use Act, the National Securities Agencies Act, the National Youth Service legislation, and the Public Complaints Commission Act.
The 1999 Constitution was preceded by the 1993 Constitution, which established the Third Nigerian Republic. However, this constitution was never fully implemented due to military control of the country. In 1998, the military dictator General Sani Abacha died, and his successor, General Abdulsalami Abubakar, initiated a transition to democratic rule. The 1999 election was won by former military ruler Olusegun Obasanjo, who became the first president of the Fourth Nigerian Republic.
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