Malcolm Rivera
Nigeria's current constitution, enacted on 29 May 1999, was necessary to end a long period of military rule and establish the Fourth Nigerian Republic. The 1999 constitution, which was based on the 1979 constitution, outlines fundamental rights and defines the national capital, 36 states and their capitals, and 774 local government areas within Nigeria. It establishes the legislative, executive, and judicial branches of government and details their duties and the separation of powers between the branches and federal and state governments. Nigeria has had many constitutions, dating back to the colonial era, but the 1999 constitution was significant in ending military rule and returning democratic rule to the country.
| Characteristics | Values |
|---|---|
| Year enacted | 29 May 1999 |
| Purpose | To kickstart the Fourth Nigerian Republic and return democratic rule to Nigeria |
| Previous government | Military dictatorship |
| Length of previous government | 16 years |
| Previous constitution | 1979 constitution |
| Number of amendments | 5 (3 in 2011, 1 in 2017, 1 in 2023) |
| Defines | National capital, 36 states and their capitals, 774 local government areas, legislative, executive, and judicial branches of government and their duties, separation of powers |
| Legislative powers | Vested in a National Assembly with two chambers: a Senate and a House of Representatives |
| 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 timely and 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 |
| Citizenship | Can be inherited from parents or grandparents |
| Jurisdiction | High Court has original jurisdiction to hear and determine any application made to it in pursuance of this section |
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What You'll Learn
The 1999 constitution was necessary to end military rule
Nigeria has had a long history of constitutional developments. The country has had many constitutions, each serving as a legal instrument to govern the country. The 1999 Constitution was necessary to end military rule and usher in a new era of democratic governance.
The 1999 Constitution of Nigeria was enacted on May 29, 1999, and marked the beginning of the Fourth Nigerian Republic. This new constitution was established by the military administration of General Abdulsalam Abubakar, who had promised to return the country to civilian rule. The 1999 Constitution was largely modelled after the 1979 Constitution of General Olusegun Obasanjo's military administration.
Prior to the 1999 Constitution, Nigeria had experienced a long period of military dictatorship. In 1983, a military coup led by General Muhammadu Buhari toppled the democratically elected civilian government of the Second Republic. This was followed by another military coup in 1985, led by General Ibrahim Babangida, who ruled until 1993. A short-lived interim civilian regime was established that year, but it was soon overthrown by yet another military coup led by General Sanni Abacha. Following General Abacha's death, General Abdulsalam Abubakar took power and oversaw the transition to civilian rule with the 1999 Constitution.
The 1999 Constitution was designed to establish a federal system with democratic rule. It defined the national capital, 36 states and their capitals, and 774 local government areas within Nigeria. The constitution also established the legislative, executive, and judicial branches of government, outlining their duties and the separation of powers between the branches and federal and state governments. Additionally, it provided for fundamental rights and freedoms, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and protection from slavery, violence, discrimination, and forced military service.
The 1999 Constitution was a significant step towards ending military rule in Nigeria and establishing a more stable and democratic form of governance. While it has undergone amendments since its enactment, it continues to serve as the legal framework for the country's civilian administration.
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The constitution was needed to establish democratic rule
Nigeria's current democratic dispensation is based on the 1999 constitution, which was enacted on May 29, 1999, and ushered in the Fourth Nigerian Republic. This constitution was established by the military administration of General Abdulsalam Abubakar, who had promised a return to civilian rule.
The 1999 constitution was needed to establish democratic rule in Nigeria, as the country had been under military rule for about sixteen years prior. In 1983, a military coup led by General Muhammadu Buhari overthrew the democratically elected civilian government of the Second Republic. This was followed by another military dictatorship led by General Ibrahim Babangida from 1985 to 1993. After a brief interim civilian regime in 1993, General Sanni Abacha seized power and continued military rule until his death.
The 1999 constitution was also necessary to address the country's long history of political instability and regionalism. Nigeria has a diverse population with over 374 multilingual groups, and its structure and composition are a legacy of British colonial rule. The country has had many constitutions, both during and after the colonial era, reflecting various attempts to form an effective constitution. These efforts have included civilian and military rule, different forms of federalism, and different political systems.
The 1999 constitution was designed to establish a democratic federal republic with a clear separation of powers. It defines the national capital, 36 states and their capitals, and 774 local government areas within Nigeria. It establishes the legislative, executive, and judicial branches of government and outlines their duties and the separation of powers between the federal and state governments. The constitution also outlines individuals' fundamental rights, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military.
The 1999 constitution, which was largely modeled after the 1979 constitution, has been amended several times since its enactment to better meet the needs of the country and its people.
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It was required to define the legislative, executive, and judicial branches
Nigeria's current constitution, enacted on 29 May 1999, was necessary to define the legislative, executive, and judicial branches of government and outline their duties and the separation of powers between the branches and federal and state governments. The 1999 constitution also established the Fourth Nigerian Republic, a federation with democratic rule.
The legislative branch of the Nigerian government is vested in the National Assembly, which consists of two chambers: the Senate and the House of Representatives. The National Assembly has the power to make laws for the "peace, order and good government of the Federation". The constitution grants the Independent National Electoral Commission the authority to review and alter district boundaries and constituencies as necessary.
The executive branch is led by the President, who has the power to make regulations and grant special immigrant status to non-Nigerian spouses of citizens. The President also plays a role in the judicial branch by appointing the Chief Justice of Nigeria, who oversees the practice and procedure of the High Court.
The judicial branch is comprised of the High Court, which has original jurisdiction to hear and determine applications made to it and may issue orders, writs, and directions as appropriate. The constitution outlines individuals' fundamental rights, 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 right to a timely and fair trial, the presumption of innocence, the right to own land, the right of assembly, and freedom of movement.
Prior to the 1999 constitution, Nigeria had a long history of constitutional developments, dating back to the colonial era. During the colonial period from 1914 to 1960, Nigeria had six constitutions, including the 1946 Richards Constitution, which established an expanded Legislative Council and recognised the country's diversity by introducing the federal principle. However, it intensified regionalism instead of encouraging political unification. The Macpherson Constitution of 1951 provided for regional autonomy and a federal union, but it gave broad legislative powers to regional governments, boosting regionalism even further.
The 1993 constitution was supposed to establish the Third Nigerian Republic and return democratic rule to Nigeria, but it was never fully implemented due to military rule. The 1999 constitution, modelled after the 1979 constitution, became the legal instrument to usher in the democratically elected civilian administration of the Third Republic.
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A new constitution was needed to protect fundamental rights
Nigeria's current constitution was enacted on 29 May 1999, establishing the Fourth Nigerian Republic and kickstarting a period of democratic rule. The 1999 constitution was necessary to protect fundamental rights and freedoms, outlining the rights and freedoms of Nigerian citizens and providing a framework for democratic governance.
The constitution outlines the fundamental rights of individuals, 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 also guarantees the right to a timely and fair trial, the presumption of innocence, the right to own land, the right of assembly, and freedom of movement. These rights are essential for ensuring the protection and well-being of citizens in a democratic society.
Prior to the 1999 constitution, Nigeria had a long history of constitutional developments, dating back to the colonial era. During this period, Nigeria had several constitutions, including the 1922 Clifford Constitution, the 1946 Richards Constitution, the 1951 Macpherson Constitution, and the 1954 Lyttleton Constitution. However, many of these early constitutions failed to effectively unify the country and address the diverse needs of its various regions and populations.
The 1993 constitution, which established the Third Nigerian Republic, was intended to bring democratic rule to the country, but it was never fully implemented due to a series of military coups and dictatorships. The 1999 constitution, therefore, became necessary to restore democratic governance and protect the fundamental rights that had been eroded during the years of military rule.
The 1999 constitution, modelled after the 1979 constitution, provided a framework for a civilian administration, outlining the legislative, executive, and judicial branches of government and detailing their duties and the separation of powers. It also established a federal system with a central government and 36 states, each with defined capitals and local government areas. This structure aimed to address the diverse needs and interests of Nigeria's various regions and populations.
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It was necessary to establish a federal union
Nigeria's current constitution was enacted on 29 May 1999 and established the Fourth Nigerian Republic. This constitution was necessary to establish a federal union and democratic rule in the country.
The 1999 constitution defines Nigeria as a federation and outlines the legislative, executive, and judicial branches of government, detailing their duties and the separation of powers between federal and state governments. It also defines the national capital, 36 states and their capitals, and 774 local government areas within the country.
The need for a new constitution in 1999 arose from Nigeria's long history of constitutional development and political instability. The country has had many constitutions, dating back to the colonial era, and has experienced various forms of civilian and military rule. From 1983 to 1999, Nigeria was under military dictatorship, with successive regimes led by different generals.
The 1993 constitution, which was supposed to establish democratic rule, was never fully implemented due to the country's political upheaval. General Ibrahim Babangida's regime, which annulled the June 12, 1993, presidential election, was toppled by a violent civil uprising. This was followed by a short-lived interim civilian regime led by Chief Ernest Shonekon, which was then overthrown by another military coup led by General Sanni Abacha.
General Abacha's death led to the military administration of General Abdulsalam Abubakar, who promised and facilitated a return to civilian rule. The 1999 constitution, modelled after the 1979 constitution, became the legal instrument to usher in the democratically elected civilian administration of the Third Republic.
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Frequently asked questions
A new constitution was necessary in 1999 to end military rule and establish democratic rule in Nigeria.
Military dictatorship. In 1983, a military coup by General Muhammadu Buhari and Tunde Idiagbon overthrew the democratically elected civilian government, leading to a 16-year military regime that lasted until 1999.
The 1999 Constitution established 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. It also established the legislative, executive, and judicial branches of government, outlining their duties and the separation of powers.
Nigeria has had a long history of constitutional developments, with numerous constitutions enacted during the colonial era and after independence. The 1999 Constitution was largely modeled after the 1979 Constitution of General Olusegun Obasanjo's military administration. It aimed to address the challenges of Nigeria's diverse and divided society, with a legacy of British colonial rule, and establish a stable democratic framework for the country.
