Jonah Patel
The Nigerian constitution has undergone several revisions since the country's independence in 1960, reflecting the country's diverse cultural and political landscape. The constitution outlines fundamental rights and freedoms for Nigerian citizens, including life, liberty, dignity, privacy, and freedom of expression. However, one of its weaknesses is that, unlike Western constitutions, it restricts these rights to citizens only, excluding non-citizens living in the country. Nigeria's history of colonial rule, political corruption, and diverse cultural landscape has made it challenging to establish an effective constitution that fully supports human rights and equality for all. The country has experimented with various political systems, including civilian and military rule, federalism, and presidential and parliamentary systems, in an effort to find a structure that best serves its people.
| Characteristics | Values |
|---|---|
| Established the Second Nigerian Republic | 1979 Constitution |
| Abandoned the Westminster system | Adopted a US-style presidential system with direct elections |
| Mandated political parties to register in at least two-thirds of states | Established a Cabinet with each state having at least one member |
| Established the Third Nigerian Republic | 1993 Constitution |
| Intended to restore democratic rule | Never fully implemented due to military control until 1999 |
| Established the Fourth Nigerian Republic | 1999 Constitution |
| Defines the national capital, 36 states and their capitals, and 774 local government areas | Federation with democratic rule |
| Outlines fundamental rights | Life, liberty, dignity, privacy, freedom of expression, religious freedom, security from slavery, violence, discrimination, and forced military service |
| Defines rights | Right to a timely and fair trial, presumption of innocence, land ownership, assembly, and freedom of movement |
| Protects specific laws | Land Use Act, National Securities Agencies Act, National Youth Service legislation, and Public Complaints Commission Act |
| Promotes Nigerian cultures and technological/scientific development | Enhances human dignity and cultural values |
| Defines national ethics | Discipline, integrity, dignity of labor, social justice, religious tolerance, self-reliance, and patriotism |
| Grants special immigrant status to non-Nigerian spouses of citizens | Residential rights without acquiring Nigerian citizenship |
| Naturalization process | Requires 15 years of continuous residence and assimilation into the Nigerian way of life |
| Does not fully support human rights | Restricts equality to citizens only, deviating from the standard "all persons are equal" |
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What You'll Learn
The 1979 constitution's strengths and weaknesses
The 1979 Nigerian Constitution, also known as "The Washington Model", was a landmark moment for Africa and the Commonwealth, marking the end of 14 years of military rule and the restoration of civilian rule. It was initiated by the then Head of State, General Olusegun Obasanjo, who formed a 49-member constitution drafting committee. The 1979 Constitution has several strengths and weaknesses.
Strengths
One of the strengths of the 1979 Constitution was that it increased political participation and agitation, awakening the spirit of nationalism and quickening Nigeria's path to independence. It also introduced the elective principle, allowing Nigerians to elect their representatives into the legislative council for the first time. This was a significant step towards greater political involvement for Nigerians in their country's affairs.
The 1979 Constitution also provided for fundamental rights and freedoms, 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. It guaranteed a person's right to a timely and fair trial if arrested and the presumption of innocence. Additionally, Nigerians were given the right to own land, the right of assembly, and freedom of movement.
Weaknesses
One of the main criticisms of the 1979 Constitution is that it did not revert to the Parliamentary system that was in use before the military coups, but instead adopted a Presidential system of government. This was seen as a departure from the traditional "Westminster model" commonly used in Commonwealth countries.
Additionally, the 1979 Constitution did not fully address the deep divisions within Nigeria, which is a diverse country with over 374 multilingual groups and varying cultures and traditions. This diversity has contributed to political corruption and instability, and the country has continued to struggle to form an effective constitution that works for all its citizens.
Furthermore, while the 1979 Constitution provided for fundamental rights, it restricted these rights to citizens only, unlike Western constitutions that state "all persons are equal". This distinction has been criticised as a weakness in the Nigerian Constitution's protection of human rights.
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The 1993 constitution's impact on democracy
The 1993 constitution was supposed to establish the Third Nigerian Republic and return democratic rule to Nigeria. However, it was never fully implemented, and the military controlled the country until May 1999, when power was handed over to an elected president, establishing the Fourth Nigerian Republic.
The impact of the 1993 constitution on democracy in Nigeria was complex and multifaceted. On the one hand, the constitution represented a significant step towards establishing a democratic framework in the country. It outlined fundamental rights and freedoms for 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 provided for a right to a timely and fair trial, the presumption of innocence, the right to own land, freedom of movement, and the right of assembly. These provisions laid the groundwork for a more democratic and just society.
However, the constitution also had limitations and shortcomings that impacted the country's democratic development. One major issue was that the 1993 constitution was never fully implemented due to political instability and the continued influence of the military. This meant that the democratic ideals and principles outlined in the constitution were not fully realized in practice.
Additionally, the constitution did not adequately address the deep-rooted political corruption and regional divisions that plagued the country. Nigeria's diversity, with its many multilingual groups and varying cultures and traditions, presented a challenge to establishing a unified and stable democratic system. The constitution's failure to effectively tackle these issues may have contributed to the country's ongoing struggles with political corruption and instability.
Furthermore, the 1993 constitution's impact on democracy was influenced by the broader political context of the time. The period from 1993 to 1998, known as the Abacha years, was marked by political detentions and a transitional government that lacked legitimacy. This political environment hindered the full realization of democratic ideals and contributed to a perception of a lack of genuine national reconciliation.
Overall, while the 1993 constitution laid the foundation for democratic principles and protections of individual rights, its impact on democracy was limited by factors such as military influence, political instability, corruption, and regional divisions. It served as a step towards democracy, but the country's transition to a fully functioning democratic system remained a work in progress, with subsequent constitutions building upon and revising the framework established in 1993.
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The 1999 constitution's democratic rule
The 1999 Nigerian Constitution, enacted on May 29, 1999, established the Fourth Nigerian Republic and ended military rule in the country. This constitution outlines the fundamental rights and freedoms of Nigerian citizens, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. It also establishes the right to a fair trial, the presumption of innocence, the right to own land, freedom of movement, and the right of assembly.
The 1999 Constitution also defines the structure of the Nigerian government, including the legislative, executive, and judicial branches, and outlines their duties and the separation of powers between federal and state governments. The legislative powers are vested in a National Assembly, consisting of a Senate and a House of Representatives, which has the power to make laws for the "peace, order and good government of the Federation."
In terms of citizenship, the Constitution sets out the requirements for acquiring Nigerian citizenship through naturalisation, including the need to reside in the country for a continuous period of fifteen years and to take an Oath of Allegiance. It also outlines the process for renouncing Nigerian citizenship and the conditions under which the President may revoke a person's citizenship.
The 1999 Constitution has been revised several times, with amendments made in 2011, 2017, and 2023, to address any weaknesses and ensure the document remains relevant and effective in governing the country.
One of the strengths of the 1999 Constitution is its establishment of democratic rule and the protection of citizens' rights and freedoms. However, one potential weakness is that, unlike typical western constitutions, it restricts equal rights to citizens only, stating, "All citizens are equal...," which may contribute to political corruption and division in the country.
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The Lyttleton Constitution's federal principle
The Lyttleton Constitution, named after Oliver Lyttleton, was enacted in 1954 and was Nigeria's fourth and final pre-independence constitution. It firmly established the federal principle, introducing a federal system of government and paving the way for Nigeria's independence from Great Britain.
The Lyttleton Constitution promoted regional sentiments among Nigerians, recognising the country's diversity and granting regional authority. It created three regional Houses of Assembly to consider local questions and advise the lieutenant governors, which established an expanded Legislative Council with the power to deliberate on matters affecting the country. This introduction of the federal principle was first recognised by the Richards Constitution of 1946, named after Governor-General Sir Arthur Richards, who was responsible for its formulation.
The Richards Constitution left effective power in the hands of the Governor-General and his appointed Executive Council. However, it also established a Legislative Council with the authority to deliberate on matters affecting the country, recognising the country's diversity and introducing the federal principle with regional authority. This federal principle was firmly established by the subsequent Lyttleton Constitution, which further promoted regional sentiments and paved the way for Nigeria's independence.
The Lyttleton Constitution was a significant step towards Nigeria's independence, introducing a federal system and promoting regional sentiments. It built upon the foundations laid by the Richards Constitution, which first introduced the concept of federalism and regional representation in Nigeria's governance. This progression of constitutional development reflected the country's evolving political landscape and the desire for greater autonomy and recognition of regional diversity.
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The current constitution's human rights support
The current Nigerian constitution, which came into force in 1999, outlines the fundamental human rights of Nigerian citizens. Chapter Four of the constitution, from sections 33 to 46, enumerates these rights, which include life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. Nigerian citizens also have the right to own land, assemble, and move freely. The constitution further protects the right to a timely and fair trial if arrested, and the presumption of innocence.
The constitution also upholds the right to social security and the realisation of economic, social, and cultural rights. This includes the right to work, to choose employment freely, and to receive equal pay for equal work. It also protects the right to form and join trade unions.
However, the Nigerian constitution has been criticised for restricting these rights to citizens only, in contrast to other constitutions that guarantee them to all persons. This limitation reflects the country's diverse and divided nature, with over 374 multilingual groups and a history of colonial rule.
The National Human Rights Commission (NHRC) in Nigeria is responsible for promoting and protecting human rights as guaranteed by the constitution, as well as international instruments such as the United Nations Charter, the Universal Declaration on Human Rights, and various international conventions on civil, political, economic, social, and cultural rights.
Despite these provisions, there have been concerns about human rights violations in Nigeria, including by soldiers and police responding to intercommunal violence. Civil society groups have pointed to missed opportunities to improve constitutional governance, and the constitution itself, imposed by the military, has been criticised for lacking legitimacy.
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Frequently asked questions
The Nigerian 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 if arrested, the presumption of innocence, the right to own land, the right of assembly, and freedom of movement.
The Nigerian constitution has been criticised for not fully supporting 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....". This distinction may contribute to political corruption and division in the country.
Historically, the Nigerian constitution has played a crucial role in the country's independence and the establishment of a federal system. The Lyttleton Constitution of 1954 firmly established the federal principle, paving the way for Nigeria's independence from Great Britain. The subsequent constitutions, such as the 1979 constitution, abandoned the Westminster system in favour of a United States-style presidential system with direct elections.
Nigeria has had multiple constitutions due to the challenges of effectively implementing a constitution in a deeply divided country with over 374 multilingual groups and diverse cultures and traditions. The country has experimented with various political systems, including civilian and military rule, centrifugal and centralized federalism, and presidential and parliamentary systems, in an attempt to establish a stable and effective constitution.
