Malcolm Rivera
The Nigerian Constitution was last amended on March 17, 2023, when President Muhammadu Buhari enacted 16 constitutional alteration bills. These amendments covered critical areas such as governance, judicial affairs, and legislative restructuring. Nigeria has had a long and complex constitutional history, with numerous revisions since the country's first constitution during the colonial era. The current form of the constitution, enacted on May 29, 1999, established the Fourth Nigerian Republic and defined the national capital, 36 states and their capitals, and 774 local government areas within the country.
| Characteristics | Values |
|---|---|
| Date of Last Amendment | 17 March 2023 |
| Number of Constitutional Alteration Bills Enacted | 16 |
| Topics Covered by Amendments | Governance, judicial affairs, legislative restructuring |
| Current Constitution Enacted | 29 May 1999 |
| Current Republic | Fourth Nigerian Republic |
| Previous Republic | Third Nigerian Republic |
| Previous Constitution Enacted | 1979 |
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The 1999 constitution
Since its enactment in 1999, the 1999 Constitution has undergone several amendments. The first modifications were made in January 2011 when President Goodluck Jonathan signed three amendments. Further amendments were introduced in 2017 and 2023. Despite these changes, the 2025 version of the constitution has been criticised for not fully supporting human rights and restricting equality to citizens only.
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2011 revision
The Nigerian Constitution was last revised in 2011, with amendments to the original 1999 constitution. This revision maintained the federal and democratic nature of the Nigerian state, with further definitions of citizenship and residency.
The 2011 revision also included provisions for the naturalisation process, outlining that applicants must reside in Nigeria for a continuous period of 15 years and take an Oath of Allegiance. It also clarified that a person with at least one grandparent who would have been a citizen at the time of independence is deemed a citizen.
In terms of legislation, the 2011 revision outlined that a bill may originate in either the Senate or the House of Representatives, and it must be passed by both houses to become law. If the President withholds assent to a bill, it can still become law if passed again by each house with a two-thirds majority.
The 2011 revision also emphasised the importance of human dignity and the promotion and preservation of Nigerian cultures. It encouraged the development of science and technology while also upholding the responsibility and accountability of the government to the people. The national ethics outlined in the 2011 revision include discipline, integrity, dignity of labour, social justice, religious tolerance, self-reliance, and patriotism.
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2023 amendments
On March 17, 2023, President Muhammadu Buhari enacted sixteen constitutional alteration bills (Alteration Acts) that brought about significant changes to the Constitution of the Federal Republic of Nigeria, 1999. This was the fifth constitutional alteration since 1999 and the first amendment signed into law by President Bola Ahmed Tinubu.
The amendments covered critical areas such as governance, judicial affairs, and legislative restructuring, with a focus on promoting true federalism and strengthening the various arms of the government. One key change was the delegation of powers to states, allowing them greater autonomy in decision-making and financial matters.
Alteration Act No. 8, for example, enables state legislative houses and judicial arms to perform their duties more effectively by reducing monetary constraints and protocols. It also emphasises the independence of the judiciary in administering justice, including in matters of funding.
Another notable amendment is the railway constitutional amendment, which allows states to build their rail tracks and introduce trains for intra-state transport to decongest roads and improve infrastructure. This alteration also permits states to generate, transmit, and distribute electricity in areas covered by the national grid, further enhancing their ability to manage their affairs and address local needs.
These 2023 amendments to the Nigerian Constitution represent a significant shift in the country's legal framework and are expected to have a lasting impact on Nigeria's political landscape and governance structure.
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Previous versions
Nigeria has had many constitutions, with the current version enacted on 29 May 1999, creating the Fourth Nigerian Republic. Previous versions of the Nigerian Constitution include:
The Clifford Constitution of 1922
The first of the colonial-era constitutions, enacted when Nigeria was administered as a Crown Colony.
The Richards Constitution of 1946
Also known as the Westminster-approved constitution, it was formulated by Governor-General Sir Arthur Richards. It established an expanded Legislative Council with powers to deliberate on matters affecting the country and created three regional Houses of Assembly to advise lieutenant governors on local matters. The Richards Constitution also introduced the federal principle, recognising the country's diversity.
The Macpherson Constitution of 1951
The Lyttleton Constitution of 1954
Named after Oliver Lyttleton, this constitution firmly established the federal principle and paved the way for Nigeria's independence from Great Britain.
The 1960 Constitution
This constitution came into force upon Nigeria's independence on 1 October 1960. It recognised the British Monarch as the Head of State and retained Queen Elizabeth II as the titular head of state, with Nnamdi Azikiwe representing her as Governor-General.
The 1963 Constitution
The second constitution of independent Nigeria, it abolished the monarchy and established the First Nigerian Republic on the third anniversary of the country's independence. Nnamdi Azikiwe became the first President of Nigeria.
The 1979 Constitution
This established the Second Nigerian Republic, abandoning the Westminster system for a US-style presidential system with direct elections. It mandated that political parties register in at least two-thirds of states and established a Cabinet of Nigeria, with each state having at least one member.
The 1993 Constitution
This constitution established the Third Nigerian Republic and was supposed to return democratic rule to Nigeria, but it was never fully implemented.
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Human rights and equality
The current Nigerian Constitution of 1999 is the written supreme law of the Federal Republic of Nigeria. It defines the national capital, 36 states and their capitals, and 774 local government areas within the country. While the constitution has brought about major improvements in human rights, several issues remain. These include abuses by Boko Haram, killings by government forces, a lack of social equality, and restrictions on freedom of speech and LGBT rights.
The Nigerian Constitution contains fourteen sections dedicated to the fundamental human rights of its citizens, from section 33 to section 46. These rights include freedom from discrimination on the grounds of ethnic group, place of origin, circumstance of birth, sex, religion, or political opinion. Citizens can go to court to enforce these rights if they are denied.
The right to equal pay for equal work is also guaranteed by the constitution, as is the right to just and favourable remuneration, ensuring an existence worthy of human dignity. Everyone has the right to form and join trade unions, and the right to rest and leisure, including reasonable limitations on working hours and periodic holidays with pay.
The constitution also guarantees the right to an adequate standard of living, encompassing access to food, clothing, housing, medical care, and necessary social services. It further ensures the right to security in the event of unemployment, sickness, disability, or other circumstances beyond one's control.
In terms of education, the constitution stipulates that elementary education shall be free and compulsory. Technical and professional education should be generally available, and higher education equally accessible to all based on merit. Parents have the prior right to choose the kind of education their children receive.
Despite these protections, the Supreme Court of Nigeria often resolves conflicts in favour of the constitution, which can restrict the expansion of human rights. For example, the patrilineal nature of Nigerian culture often results in custody decisions favouring men, and women's opinions being ignored. Women also face maltreatment from the police and society. The police force is marred by corruption and violations, including extortion and a lack of equal protection under the law.
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Frequently asked questions
The last amendment to the Nigerian constitution was on March 17, 2023.
President Muhammadu Buhari enacted 16 constitutional alteration bills that brought about changes to critical matters, including governance, judicial affairs, and legislative restructuring.
The 1999 constitution was revised in 2011 to include provisions for the promotion of Nigerian cultures and technological and scientific studies. It also outlined the national ethics, including discipline, integrity, dignity of labour, social justice, religious tolerance, self-reliance, and patriotism.
The 1999 constitution created the Fourth Nigerian Republic, a federation with democratic rule. It defined the national capital, 36 states and their capitals, and 774 local government areas within Nigeria.
Nigeria has had many constitutions due to its diversity and the challenges in forming an effective constitution. The last major amendment was in 2023, with a minor revision in 2011.
