Isabella Carter
The preamble of a constitution is a common feature of most national constitutions, also referred to as the 'whereas clauses'. The preamble to the Nigerian constitution outlines the motives for writing the constitution and the source of constitutional authority. The Nigerian constitution has undergone many revisions since the country's independence from Great Britain in 1960, with the current version enacted on 29 May 1999, establishing the Fourth Nigerian Republic. This version of the constitution defines the rights of Nigerian citizens, including life, liberty, dignity, privacy, freedom of expression, and security from slavery, violence, and discrimination.
| Characteristics | Values |
|---|---|
| Date of enactment | 29 May 1999 |
| Purpose | To promote good government and welfare, freedom, equality, justice, and national unity |
| Legal status | Unclear, sometimes considered a preparatory statement, other times interpreted as having legal status |
| Mention of God | Yes |
| Mention of nationhood | Yes |
| Citizenship | Based on birth, registration, or naturalisation |
| Equality | Restricted to citizens only |
| Individual rights | Life, liberty, dignity, privacy, freedom of expression, religious freedom, security from slavery, violence, discrimination, and forced service in the military, right to a fair trial, presumption of innocence, right to own land, right of assembly, freedom of movement |
| Protected laws | Land Use Act, National Securities Agencies Act, National Youth Service legislation, Public Complaints Commission Act |
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What You'll Learn
The Preamble's legal status
The Preamble to the Nigerian Constitution, much like the preambles to other national constitutions, is a "whereas" clause that sets out the motivations and intentions behind the creation of the constitution. The Nigerian Preamble expresses the desire to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, promoting inter-African solidarity, world peace, international cooperation, and understanding. It also emphasizes the importance of good governance and the welfare of all citizens, with a focus on freedom, equality, and justice.
The legal status of the Preamble, however, is a subject of debate. Some argue that it is merely a preparatory statement, setting the tone and context for the substantive clauses that follow. In this view, the Preamble serves as an introduction to the constitution, inspiring citizens but lacking legal force.
On the other hand, others interpret the Preamble as having a more forceful legal status. They believe that it goes beyond emotional rhetoric and carries legal weight in shaping the understanding and application of the constitution. This interpretation suggests that the Preamble should be considered when interpreting the constitution and guiding governance.
The Preamble to the Nigerian Constitution reflects the country's diverse and complex history, influenced by colonial rule and various political systems. Nigeria has had multiple constitutions, with the current version enacted in 1999, establishing the Fourth Nigerian Republic. This constitution outlines fundamental rights and protections for citizens, including life, liberty, dignity, privacy, freedom of expression, and religious freedom.
The 1999 Constitution also defines the national capital, 36 states and their capitals, and 774 local government areas within Nigeria. It has been amended several times, including in 2011, 2017, and 2023, to address evolving needs and challenges in the country. These amendments demonstrate the dynamic nature of constitutional development in Nigeria, as the country continues to strive for effective governance and the protection of citizens' rights.
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The nation's core values
The preamble of a constitution is a common feature of most national constitutions, often referred to as the 'whereas clauses'. The preamble to the Nigerian constitution outlines the core values and principles that guide the nation and its laws.
The preamble to the Nigerian constitution, established in 1999, expresses the nation's desire to live in unity and harmony as one indivisible and sovereign nation under God. It emphasises the importance of promoting inter-African solidarity, world peace, international cooperation, and understanding. The preamble also highlights the role of the constitution in promoting good governance and the welfare of all citizens, based on the principles of freedom, equality, and justice.
Nigeria's core values, as outlined in the preamble and throughout the constitution, include the preservation and promotion of Nigerian cultures, the enhancement of human dignity, and the encouragement of scientific and technological development. The national ethics of Nigeria, as per the preamble, include discipline, integrity, dignity of labour, social justice, religious tolerance, self-reliance, and patriotism.
The Nigerian constitution also outlines the fundamental rights and freedoms of individuals, including the right to life, liberty, privacy, freedom of expression, and freedom of movement. It ensures the protection of citizens against slavery, violence, discrimination, and forced service in the military. The constitution further establishes the right to a fair trial, the presumption of innocence, and the right to own land and assemble peacefully.
The preamble to the Nigerian constitution reflects the nation's commitment to unity, peace, and the well-being of its citizens, with a recognition of the diverse cultural and regional sentiments within the country.
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Human rights and equality
The preamble of the Nigerian Constitution outlines the country's motivations for establishing a constitution and the values it seeks to uphold. While the preamble itself does not explicitly mention "human rights" or "equality," these concepts are inherent in the principles of freedom, justice, and unity that are articulated.
The preamble expresses Nigeria's desire to live in unity and harmony as an indivisible sovereign nation under God, promoting inter-African solidarity, world peace, international cooperation, and understanding. It emphasizes the importance of establishing a constitution that promotes the good government and welfare of all persons in the country, based on the principles of freedom, equality, and justice, and with the aim of consolidating national unity.
In terms of human rights and equality, the constitution outlines the fundamental rights and freedoms that Nigerians are entitled to. These include 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 if arrested, with the presumption of innocence, as well as the right to own land, assemble, and move freely.
The constitution also addresses citizenship and naturalization processes, granting equal rights and opportunities before the law to all citizens, regardless of place of origin, sex, religion, status, ethnic or linguistic association, or ties. It is important to note, however, that the Nigerian Constitution restricts its equality clause to citizens only, stating, "All citizens are equal," unlike Western constitutions, which typically state, "All persons are equal."
Additionally, the constitution promotes the protection, preservation, and promotion 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 enhance cultural values and upholds the responsibility and accountability of the government to the people.
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Citizenship
The preamble of the Nigerian Constitution, also referred to as the 'whereas clauses', is a common feature that outlines the motivations for writing the constitution and the source of constitutional authority. The preamble to the Nigerian Constitution expresses the desire to live in unity and harmony as one indivisible and indissoluble sovereign nation under God. It also emphasises the importance of promoting inter-African solidarity, world peace, international cooperation, and understanding.
There are several ways to acquire Nigerian citizenship, including citizenship by birth, registration, or naturalisation. Citizenship by birth is typically acquired by being born in Nigeria or having at least one parent or grandparent who is a Nigerian citizen. Citizenship by registration applies to women married to Nigerian citizens and individuals born outside of Nigeria with at least one grandparent who is a citizen. To obtain citizenship by naturalisation, an individual must reside in Nigeria for at least fifteen years and demonstrate assimilation into the Nigerian way of life, among other requirements.
The President of Nigeria has the authority to grant or revoke citizenship and make regulations regarding immigration and residential rights for non-Nigerian spouses of Nigerian citizens. The Constitution also allows for the renunciation of Nigerian citizenship by citizens of full age who wish to do so.
The Nigerian Constitution's approach to citizenship reflects the country's diverse and multicultural nature, with over 374 multilingual groups and various cultures and traditions. The Constitution's provisions on citizenship aim to promote unity, equality, and the welfare of all persons in the country.
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Historical context
Nigeria has had many constitutions, with the current form enacted on 29 May 1999, establishing the Fourth Nigerian Republic. This constitution was amended in 2011, 2017, and 2023. The 1999 constitution defines the national capital, 36 states and their capitals, and 774 local government areas within Nigeria.
The first constitutions of Nigeria were enacted during the colonial era when the country was administered as a Crown Colony. These include the Clifford Constitution of 1922, the Richards Constitution of 1946, the Macpherson Constitution of 1951, and the Lyttleton Constitution of 1954. The Richards Constitution, approved by Westminster in 1946, was named after Governor-General Sir Arthur Richards. While it left effective power in the hands of the Governor-General and his Executive Council, it also established an expanded Legislative Council and recognised the country's diversity by introducing the federal principle with regional authority. The Lyttleton Constitution, named after Oliver Lyttleton, firmly established the federal principle and paved the way for Nigeria's independence from Great Britain.
Upon gaining independence on 1 October 1960, Nigeria's first constitution as a sovereign state came into force. This constitution retained Queen Elizabeth II as the titular head of state, with Nnamdi Azikiwe as Governor-General. The second constitution of independent Nigeria abolished the monarchy and established the First Nigerian Republic on the third anniversary of independence, 1 October 1963, with Nnamdi Azikiwe as the first President. The 1979 constitution established the Second Nigerian Republic, abandoning the Westminster system in favour of a US-style presidential system with direct elections. The 1993 constitution established the Third Nigerian Republic, but it was never fully implemented, and the military controlled the country until May 1999.
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Frequently asked questions
The preamble is a common feature of most national constitutions, also referred to as the 'whereas clauses'. It means different things to different nations. For some, it is an opportunity to reference God or a supreme deity, while for others, it is to demonstrate the struggles that went into the creation of nationhood.
The preamble of the Nigerian constitution is a declaration of the nation's desire to "LIVE in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international co-operation and understanding". It also outlines the purpose of the constitution, which is to "provide for a Constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating the unity of our people".
The legal status of the preamble is unclear. While it is sometimes considered a preparatory statement towards the ‘real’ clauses, at other times it is interpreted as having legal status, with a sort of legal muscle that goes beyond rousing the emotions of citizens.
The Nigerian constitution is the written supreme law of the Federal Republic of Nigeria. It 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 the national capital, 36 states and their capitals, and 774 local government areas within Nigeria.
