The Constitution of the Federal Republic of Nigeria 1999 (as amended) is the supreme law governing the Federal Republic of Nigeria. It establishes Nigeria as a sovereign, federal, and democratic state, with a clear division of powers among the three arms of government: the Legislature, the Executive, and the Judiciary.
The Constitution is supreme, meaning it is above every other law in Nigeria. Section 1(3) affirms this supremacy by stating that any law inconsistent with the Constitution is void to the extent of its inconsistency. It provides for a federal structure by delineating the distribution of powers and responsibilities between the Federal Government and the governments of the 36 States, thereby promoting decentralization and cooperative governance.
The Constitution is divided into 8 chapters and 302 sections, with provisions binding on all persons and authorities across Nigeria. It enshrines the Fundamental Human Rights of all citizens, such as the right to life, dignity, personal liberty, fair hearing, freedom of expression, and freedom of religion, among others. These rights are enforceable in court and are designed to protect individuals from abuse of power.
Brief History of the 1999 Constitution
Over the years, Nigeria has operated under various constitutions. The constitutional evolution began during the colonial era, gradually moving from limited representation under British rule to more inclusive governance frameworks. These early constitutions introduced reforms that allowed for Nigerian participation in the legislative process, although real power remained with the colonial authorities.
As nationalist movements gained momentum, the need for a truly Nigerian-led system of government became inevitable. This culminated in the 1960 Independence Constitution, which established a parliamentary system and marked Nigeria’s emergence as a sovereign state. Just a few years later, the 1963 Constitution transformed Nigeria into a republic by replacing the British monarch with a Nigerian president as the head of state, Dr. Nnamdi Azikiwe.
Subsequent constitutional reforms, especially the 1979 Constitution, adopted a presidential system modeled after the United States. However, frequent military interventions disrupted democratic governance, leading to the suspension of constitutional rule at various times.
The current 1999 Constitution, which ushered in the Fourth Republic, was adopted following the end of military rule. It re-established democratic governance and remains the supreme law of the land today, providing the framework for federalism, separation of powers, and the protection of fundamental rights.
Overview of Key Provisions of the 1999 Constitution (as amended)
Below are key provisions of the Constitution.
1. Separation of Powers
Chapter 1 of the Constitution provides for the separation of government powers among the three main arms:
- Legislative– Section 4 vests the legislative power to make laws in the National Assembly, made up of the Senate and House of Representatives.
- Executive– Section 5 vests executive power to implement laws in the President, who may act directly or through the Vice President, Ministers, or public officers.
- Judiciary– Section 6 vests judicial power of interpreting laws in the courts established by the Constitution.
All government bodies and officials must act in line with the Constitution. It also sets qualifications and procedures for elections into key positions like President, Governor, and Local Government Chairman, including how they can be removed from office.
2. Court System
The Constitution outlines the courts established in Nigeria, recognizing them as courts of record, each with clearly defined powers. The structure and hierarchy of these courts are detailed in Section 6(5) as below:
- Supreme Court of Nigeria
- Court of Appeal
- Federal High Court
- High Court of the Federal Capital Territory
- State High Courts
- Sharia Courts of Appeal (FCT and States)
- Customary Courts of Appeal (FCT and States)
- Other courts, as authorized by law
Section 17(2)also provides that the judiciary must be independent, fair, and accessible to all.
3. Democracy and Social Justice
The Constitution establishes Nigeria as a democratic presidential system. Section 14(2) of Chapter II affirms that sovereignty belongs to the people and that the primary purpose of government is to ensure the security and welfare of all citizens. It also guarantees the right of citizens to participate in governance, in line with constitutional provisions.
To promote fairness and inclusion, Sections 14(3) and (4) require that the composition of government at all levels, federal, state, and local, must reflect Nigeria’s diverse population. This is known as the federal character principle, aimed at promoting national unity and preventing the dominance of any single ethnic or regional group in public institutions.
4. Economic and Social Objectives
In Section 16(2), the Constitution directs the State to shape its policies to promote balanced economic development and the equitable use of national resources for the common good. It also mandates that the economy should not allow wealth or key resources to be concentrated in the hands of a few.
Furthermore, the State is expected to provide citizens with access to adequate housing, food, a fair minimum wage, pensions, unemployment and sick benefits, as well as support for the elderly and people with disabilities.
5. Citizenship
Chapter III of the Nigerian Constitution defines who is a Nigerian citizen. A Nigerian Citizen is:
- Anyone born in Nigeria before or after independence (Oct 1, 1960) to Nigerian parents or grandparents.
- Anyone born outside Nigeria with Nigerian parents or grandparents.
- Individuals may also become citizens by registration, including foreign women married to Nigerian men or persons with ancestral ties to Nigeria.
To be registered, a person must be of good character, show intent to live in Nigeria, and swear an Oath of Allegiance.
6. Fundamental Human Rights
The Constitution guarantees the protection of fundamental human rights for all Nigerian citizens. These rights are enshrined in Chapter IV, Sections 33 to 43, and include the following:
- The Right to life
- Right to dignity
- Right to personal liberty
- Right to fair hearing
- Right to privacy
- Right to freedom of thought and religion
- Right to freedom of expression
- Right to peaceful assembly and association
- Right to freedom of movement
- Right to freedom from discrimination
- Right to own property
These rights are enforceable in court and serve as protection against injustice.
Conclusion
The Constitution of the Federal Republic of Nigeria 1999 (as amended) is the backbone of Nigeria’s democracy, governance, and legal system. It draws from Nigeria’s historical experiences, international practices, judicial decisions, and legal traditions. While this summary covers major highlights, the Constitution contains detailed provisions on virtually all political, legal, economic, and social matters in Nigeria. Understanding it helps every citizen know their rights and responsibilities.
