Isabella Carter
The concept of constitutional supremacy is a key tenet of governance in Nigeria, where the constitution is regarded as the supreme entity, embodying sovereignty and providing a roadmap for the country's legislative, executive, and judicial branches. This idea is enshrined in the 1999 Constitution of the Federal Republic of Nigeria, which states that it is supreme and binds all authorities and individuals in the nation. The constitution's supremacy ensures that no law can contradict it, and any inconsistent laws are deemed null and void. This principle of constitutional supremacy is a rejection of the rule of man, instead prioritizing the management of affairs by institutions established under the law, safeguarding against arbitrary rule and guaranteeing fundamental human rights for all citizens, including minority groups.
| Characteristics | Values |
|---|---|
| Supremacy | "The position of having the superior or greatest power or authority" |
| Constitution | "The fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties" |
| Constitutional supremacy | "Rejects the rule of man but prefers the management of the affairs of men and things by institutions established in accordance with law" |
| Supremacy of the Nigerian Constitution | The Nigerian Constitution is supreme and its provisions are binding on all authorities and persons throughout the Federal Republic of Nigeria |
| Acts that contravene the provisions of the Constitution will be declared null and void | |
| The Constitution is superior to all other laws, including Acts of the National Assembly | |
| The organs of government, especially the Executive and the Legislature, must respect the spirit and letter of the Constitution |
Explore related products
What You'll Learn
The constitution is the supreme entity
In every human society, there exists a supreme entity—an embodiment of sovereignty whose dictates are final. In pre-colonial times, this entity was usually a society's gods or religious texts. In contemporary Britain, for instance, the parliament is regarded as supreme. In Nigeria, it is the constitution.
The constitution can be defined as "the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government, defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties." Constitutional supremacy, therefore, refers to the concept of the constitution having the superior or greatest power or authority.
In Nigeria, constitutional supremacy is enshrined in the 1999 Constitution, which provides for its supremacy in some of its provisions. The first section of the 1999 Constitution that deals with the supremacy of the constitution is S.1(1), which states:
> "This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria."
This means that the provisions of the constitution are binding on all persons, regardless of their position or authority. Even the President, as the number one citizen of the country, is bound by the constitution.
The concept of constitutional supremacy is particularly significant in Nigeria as it seeks to assure everyone, including minority groups, of equal protection. It is a fundamental principle that guides the legislature, the executive, the judiciary, and administrative agencies in their governance of the state.
Flat Tax in Illinois: Constitutional or Not?
You may want to see also
Constitutional supremacy and the rule of law
In every human society, there is a supreme entity whose dictates are final. In pre-colonial times, this was often a deity or religious text, while in contemporary Britain, the parliament is seen as supreme. In Nigeria, the constitution is supreme. This means that the constitution has the greatest power or authority, and that its provisions are binding on all persons and institutions, regardless of rank.
The concept of constitutional supremacy is a rejection of the 'rule of man', instead favouring the management of the affairs of the state by institutions established in accordance with law. It seeks to avoid a situation where the 'whim and caprice of man' determine the benefits or burdens available to individuals or groups. The constitution is a roadmap meant to guide the legislature, the executive, the judiciary, and administrative agencies in their governance of the state.
The Nigerian Constitution of 1999 provides for its own supremacy in several provisions. Section 1(1) states:
> "This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria."
This means that the provisions of the constitution are binding on all persons, from the President to the lowest citizen. There are numerous examples of case law in which the actions of the president were declared unconstitutional and of no effect. For instance, in AG Lagos vs AG Federation, the President's withholding of the federal allocation to Lagos state was declared unconstitutional and void.
Another provision that relates to constitutional supremacy is S.1(3), which states:
> "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 has been upheld in numerous cases, such as when the Supreme Court declared the actions of some members of the Oyo state house assembly, who had not followed the full provisions of S.188 of the Constitution in removing the Governor of the state, to be unconstitutional and void.
Navigating Ethical Boundaries: Conflicts of Interest for Lawyers
You may want to see also
The constitution and the powers of the National Assembly
In Nigeria, the constitution is regarded as supreme. The 1999 constitution outlines that it is supreme and its provisions are binding on all authorities and persons throughout the Federal Republic of Nigeria. This means that the provisions of the constitution are binding on all persons, regardless of their position or power. This includes the President, whose actions have been deemed unconstitutional and nullified by the Supreme Court.
The National Assembly, as outlined in the Nigerian Constitution, has the power to make laws for the peace, order, and good government of the Federation. This power is exclusive to the National Assembly and supersedes the Houses of Assembly of States. The matters pertaining to these laws include those in the Concurrent Legislative List and any other matter that falls within the scope of the Constitution.
The House of Assembly of a State, on the other hand, has the power to make laws for the peace, order, and good government of the State. This includes any matter not included in the Exclusive Legislative List, as well as matters listed in the Concurrent Legislative List, and any other matter within the purview of the State's constitution.
The National Assembly also holds judicial powers, which are vested in the courts established for the Federation. The President, in consultation with the National Defence Council, can deploy armed forces outside Nigeria if national security is threatened. However, they must seek the consent of the Senate within seven days, which can be granted or refused within 14 days.
Elder Abuse: California Doctors and the Law
You may want to see also
Explore related products
The constitution and the protection of human rights
The Constitution of the Federal Republic of Nigeria is the supreme entity in the country, embodying sovereignty and having the greatest power or authority. The constitution outlines the institutions and apparatus of the government, defines the scope of governmental powers, and guarantees individual civil rights and civil liberties.
Human rights in Nigeria are protected under the current constitution of 1999, which outlines fundamental human rights, including the right to freedom from discrimination on the grounds of ethnic group, place of origin, circumstance of birth, sex, religion, or political opinion. The right to compensation for property is also guaranteed, as is the right to person liberty, and the special jurisdiction of the high court and legal aid.
The National Human Rights Commission of Nigeria was established by the National Human Rights Commission Act of 1995 (as amended) to promote, protect, and enforce human rights. The Commission serves as an extra-judicial mechanism for the respect and enjoyment of human rights and provides an avenue for public enlightenment, research, and dialogue to raise awareness of human rights issues.
While Nigeria has made significant improvements in human rights under the 1999 constitution, there are still areas where progress is needed. The American Human Rights Report of 2012 notes issues with abuses by Boko Haram, killings by government forces, a lack of social equality, and restrictions on freedom of speech. The Human Rights Watch's 2015 World Report highlights intensified violence by Boko Haram, restrictions on LGBT rights, and government corruption as ongoing issues undermining human rights in the country.
The Nigerian Constitution has also allowed Sharia courts jurisdiction over certain cases, which has led to the imposition of Sharia law in some states, infringing on the rights of both Muslims and non-Muslims. This expansion of Sharia law violates the Constitution's prohibition of an official religion.
Nigeria has been active in signing and ratifying international human rights treaties, but challenges arise when trying to implement these treaties domestically due to the country's dualist system. The Supreme Court of Nigeria often resolves conflicts in favour of the constitution, which can restrict the potential expansion of human rights.
Understanding Texas Felony Thresholds and Penalties
You may want to see also
The supremacy of the constitution in practice
In Nigeria, the constitution is the highest power, superseding even the President. This is in contrast to the UK, for example, where Parliament is supreme.
The concept of constitutional supremacy is a rejection of rule by an individual, instead favouring governance by institutions established according to law. In Nigeria, the constitution is a written document, easily accessible to all, and it acts as a roadmap for the legislature, executive, judiciary, and administrative agencies.
The 1999 Nigerian Constitution states in S.1(1): "This constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria". This means that the constitution is binding on all persons, regardless of status.
In practice, this has been demonstrated in numerous cases where the actions of the President have been deemed unconstitutional and, therefore, null and void. In one case, the President withheld the federal allocation to Lagos State, which was deemed to be in contrast to S.162(5) of the constitution. In another case, members of the Oyo State House of Assembly attempted to remove the Governor of the State without following the provisions of S.188 of the Constitution. The Supreme Court declared their actions unconstitutional.
These cases demonstrate that any acts that contravene the provisions of the constitution will be declared null and void, as the constitution is supreme. This is further emphasised in S.1(3) of the Constitution, which states that if any law is inconsistent with the provisions of the constitution, the constitution shall prevail, and the other law shall be void.
The USS Constitution: How It Earned "Old Ironsides
You may want to see also
Frequently asked questions
Constitutional supremacy is the idea that the constitution holds the highest authority or rank, and is all-powerful. It is the concept that the affairs of a state are managed by institutions established in accordance with the law, rather than by the will of individual people.
The Constitution of the Federal Republic of Nigeria 1999 (as amended) is a written constitution, which means it is easily accessible to everyone. It establishes Nigeria as a federal republic.
In Nigeria, the constitution is supreme. This means that all laws, including Acts of the National Assembly, are inferior to the constitution. The constitution is binding on all persons and authorities throughout the Federal Republic of Nigeria, including the President.
When the provisions of the Nigerian constitution are not respected, acts are declared unconstitutional, null, and void. For example, in the case of AG Lagos vs AG Federation, the actions of the President in withholding the federal allocation to Lagos state were declared unconstitutional and of no effect.
