Eleanor Finch
Nigeria has had many constitutions, with its most recent one being enacted on May 29, 1999, kickstarting the Fourth Nigerian Republic. The constitution outlines the rights of individuals, including life, liberty, dignity, privacy, freedom of expression, and security from slavery, among others. It also defines a person's right to a fair trial and the presumption of innocence. In 2011, three amendments were made to the constitution, and further amendments were made in 2017 and 2023.
| Characteristics | Values |
|---|---|
| Current constitution | 1983 |
| Previous constitution | 1976 |
| Number of constitutions | 10 |
| Date of approval | 25 September 1981 |
| Date of ratification | 2 November 1982 |
| Number of articles | 11 |
| Number of amendments | 91 |
| Last amendment | 5 November 2024 |
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What You'll Learn
Nigeria's current constitution
Nigeria has had many constitutions, reflecting the country's diversity and regionalism. The current constitution of Nigeria, enacted on 29 May 1999, kickstarted the Fourth Nigerian Republic. This constitution has been amended several times, including in 2011, 2017, and 2023.
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 defines a person's right to a fair trial, the presumption of innocence, the right to own land, the right of assembly, and freedom of movement.
The 1999 constitution also establishes the structure of the Nigerian government. It provides for a federal system with a central government and regional autonomy. The constitution outlines the powers of the President, the National Assembly, and the House of Assembly of each state. It also establishes the Sharia Court of Appeal, which has jurisdiction over Islamic personal law and civil proceedings involving Muslims.
The process for altering the constitution is outlined in the constitution itself. Any changes must be supported by a two-thirds majority vote in both Houses of the National Assembly and approved by a resolution of the Houses of Assembly of at least two-thirds of all states. Some sections of the constitution require a higher threshold for alteration, with a four-fifths majority vote required in some cases.
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Previous Nigerian constitutions
Nigeria has had many constitutions, with its current form enacted on 29 May 1999, marking the beginning of the Fourth Nigerian Republic. This constitution was amended in 2011, 2017, and 2023.
The first constitutions of colonial-era Nigeria were enacted by a British Order-in-Council. 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, named after Governor-General Sir Arthur Richards, recognised the country's diversity by introducing the federal principle with regional authority. It also established an expanded Legislative Council and three regional Houses of Assembly. However, it left effective power in the hands of the Governor-General and his Executive Council.
The Macpherson Constitution, named after Governor-General John Stuart Macpherson, came into effect in 1951. It provided for regional autonomy and a federal union, creating a central government with a Council of Ministers. This encouraged political participation and party activity at the national level. However, the regional governments had broad legislative powers that could not be overridden by the newly established federal House of Representatives.
The Lyttleton Constitution, named after Oliver Lyttleton, was enacted in 1954 and firmly established the federal principle, paving the way for Nigeria's independence from Great Britain.
Nigeria's first constitution as a sovereign state came into force upon its independence on 1 October 1960. Under this constitution, Nigeria retained Queen Elizabeth II as the titular head of state, with Nnamdi Azikiwe serving as Governor-General.
The 1963 constitution, marking the First Nigerian Republic, abolished the monarchy and established Nnamdi Azikiwe as the first President of Nigeria. This constitution was based on the Westminster system and was used until a military coup overthrew Nigeria's democratic institutions in 1966.
The 1979 constitution established the Second Nigerian Republic. It abandoned the Westminster system in favour of a US-style presidential system with direct elections. It also established a Cabinet of Nigeria, with each state having at least one member, giving a "federal character" to the nation.
The 1993 constitution established the Third Nigerian Republic, but it was never fully implemented due to military control of the country.
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Georgia's current constitution
The constitution outlines the three branches of government in Georgia: the legislative, executive, and judicial branches. The legislative branch is embodied in the bicameral General Assembly, the executive branch is headed by the Governor, and the judicial branch is headed by the Supreme Court. The constitution carefully outlines which powers each branch may exercise.
The current constitution consists of a Preamble and eleven Articles. Article Five describes the Executive Branch of Georgia's government, including the election of the Governor and Lieutenant Governor, their duties and powers, other elected officials, and the process of choosing a successor should an executive officer become permanently disabled. Article Six describes the Judicial Branch, including the different courts and their powers and jurisdictions, as well as the role of the district attorney.
Article X outlines the procedures for amending the Constitution. Amendments may be proposed in the Georgia legislature and must be approved by a two-thirds majority vote of both the state House and state Senate, followed by ratification by a majority of electors qualified to vote for members of the General Assembly at the next general election. Amendments can also be proposed at a constitutional convention, which requires the support of a two-thirds majority vote by both houses of the legislature and a simple majority of state voters.
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Previous Georgian constitutions
Georgia has had 10 constitutions, with the current one being adopted in 1983. Here is a look at some of the previous constitutions of Georgia:
1777 Constitution
Georgia's first constitution was drafted in February 1777, soon after the state accepted the Declaration of Independence. This constitution was not submitted for voter ratification and remained in effect for 12 years. It vested most governmental authority in a state legislative body, incorporated the separation of powers doctrine, and included basic rights such as freedom of religion, freedom of the press, and trial by jury.
1789 Constitution
In November 1789, Georgia revised its 1777 Constitution through a constitutional convention to conform with the federal document (the US Constitution). The 1789 Constitution was the shortest of Georgia's constitutions and was modelled after the US Constitution.
1798 Constitution
The 1798 Constitution was one of only three framed completely under peaceful conditions. It was in effect for 63 years, almost twice the length of the previous version. It contained detailed prescriptive measures and clarified provisions of the former constitution. Legislative power was more carefully defined in light of the Yazoo land fraud. The language used struck a more realistic balance of power among the branches of the state government.
1861, 1865, 1868, and 1877 Constitutions
These constitutions were adopted at different stages of the Civil War and the Reconstruction period that followed.
1945 Constitution
This constitution was directly associated with a war-related period.
1978 Constitution
An attempt was made to remove the constitutional status of the Georgian SSR in 1978, causing a major political crisis. The Soviet government ultimately withdrew the proposal.
1983 Constitution
The current constitution of Georgia, it has been amended 91 times, with the most recent amendments being approved on November 5, 2024.
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Differences between Nigerian and Georgian constitutions
The current Nigerian Constitution was enacted on 29 May 1999, kickstarting the Fourth Nigerian Republic. The most recent Georgian Constitution was approved by the Parliament of Georgia on 24 August 1995 and came into force on 17 October 1995. Now, here is a detailed comparison of the two constitutions:
Differences between the Nigerian and Georgian Constitutions
Historical Context
Nigeria has had many constitutions due to its history of colonial rule, civilian rule, and military coups. The current Nigerian constitution is the result of the country's transition to democracy and the need to address political corruption and regional divisions. On the other hand, Georgia's constitution has been influenced by its independence from the Soviet Union and the desire to establish a democratic republic.
Structure and Content
The Nigerian Constitution is detailed and comprehensive, outlining fundamental rights and protections for individuals, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced military service. It also establishes a federal system with central government and regional autonomy. In contrast, the Georgian Constitution, while also outlining rights and freedoms, focuses on the structure and organization of the government, including the role of the president, legislative branch, and judicial system.
Amendments and Revisions
The Nigerian Constitution has undergone amendments in 2011, 2017, and 2023, with the most recent version not fully supporting human rights and restricting equal rights to citizens only. Georgia's constitution has also undergone revisions, with the 1983 version being a significant update that reduced the length of the document, improved its organization, and used modern language.
Electoral System
Nigeria's constitution establishes a United States-style presidential system with direct elections. It mandates the registration of political parties and establishes a Cabinet with representation from each state. Georgia, on the other hand, has a unicameral legislature, with the president being elected by a parliamentary committee rather than directly by the people.
Federalism and Regionalism
Nigeria's constitution emphasizes federalism and regional autonomy, with the Macpherson Constitution and the Lyttleton Constitution boosting regional sentiments. Georgia's constitution, while also recognizing the importance of regional representation, focuses more on the balance of power between the branches of government, including the role of the governor and the establishment of a state supreme court.
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Frequently asked questions
Nigeria's most recent constitution was enacted on 29 May 1999.
The 1979 constitution established the Second Nigerian Republic.
The 1979 constitution abandoned the Westminster system in favour of a United States-style presidential system with direct elections.
The 1963 constitution was based on the Westminster system. It was used until a military coup in 1966.
In January 2011, President Goodluck Jonathan signed three amendments to the constitution, the first modifications since 1999. Further amendments were made in 2017 and 2023.
