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1.0 Introduction
In today’s lecture, we will be discussing a fundamental aspect of every legal system – The Constitution. As students of law, it is imperative that you understand what the constitution is, the different forms it can take, the essential features it possesses, and how it derives authority, particularly within the Nigerian context.
The constitution is not just a legal document; it is the very soul of any political society. It sets the tone for governance, establishes institutions, and outlines the rights and responsibilities of both government and citizens. In short, it is the backbone of the legal order.
In Nigeria, the constitution occupies a central position in our legal system. It is the grundnorm – that is, the basic norm from which all other laws derive their validity. A proper grasp of the Nigerian constitution is essential for your legal journey, as it shapes everything from how laws are made, to how the judiciary functions, and how rights are protected.
2.0 Objectives
By the end of this lecture, you should be able to:
- Define the term "constitution".
- Identify and explain the types of constitution.
- Discuss the characteristics of a good constitution.
- Identify the major sources of Nigerian constitutional law.
- Explain the practical relevance of the constitution in Nigeria.
There are different types of constitutions, and understanding them helps us appreciate how governance structures vary across different countries. Broadly, constitutions can be categorized under the following types:
i. Written and Unwritten Constitutions:
- A written constitution is one that is codified in a single document or set of documents. It is formally adopted and provides a clear framework for governance. Nigeria, like the United States and India, operates a written constitution – the 1999 Constitution (as amended).
- An unwritten constitution, on the other hand, is not found in a single document. It comprises various sources, including statutes, judicial decisions, conventions, and customs. The United Kingdom is a classical example of a country with an unwritten constitution.
ii. Rigid and Flexible Constitutions:
- A rigid constitution requires a special and often more demanding process to amend. The Nigerian constitution falls into this category. For example, Section 9 of the 1999 Constitution provides a rigorous process involving both federal and state legislatures.
- A flexible constitution can be amended with ease, often in the same manner as ordinary laws. Such constitutions are less resistant to change and can adapt quickly to evolving societal needs.
iii. Federal and Unitary Constitutions:
- A federal constitution recognizes the division of powers between the central (federal) and component (state or regional) governments. Nigeria, the United States, and Germany operate federal constitutions.
- A unitary constitution centralizes authority in the national government, with sub-national units operating at the discretion of the center. France and the United Kingdom exemplify unitary systems.
For a constitution to be considered effective and just, it should embody certain essential characteristics:
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Supremacy: The constitution is the supreme law of the land. Any law inconsistent with its provisions is null and void to the extent of the inconsistency (See Section 1(3) of the 1999 Constitution).
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Separateness of Powers: A good constitution establishes a system of checks and balances among the three organs of government – the legislature, executive, and judiciary.
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Fundamental Rights: It guarantees the rights and liberties of citizens, such as the right to life, freedom of expression, and fair hearing.
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Rule of Law: The constitution embodies the principle that everyone – including the government – is subject to the law.
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Stability and Predictability: It provides a stable framework that fosters political and legal predictability.
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Amendability: While maintaining stability, a good constitution should also allow for lawful changes to meet the evolving needs of society.
In understanding Nigerian constitutional law, it is important to identify its sources, which include:
i. The 1999 Constitution (as amended):
This is the primary source of constitutional law in Nigeria. It outlines the structure of government, the rights of citizens, and the jurisdiction of the courts.
ii. Judicial Decisions (Case Law):
The interpretation of the constitution by the courts, particularly the Supreme Court and the Court of Appeal, forms a vital part of our constitutional law. These judicial pronouncements clarify ambiguities and set precedents.
iii. Constitutional Conventions:
These are unwritten practices that, though not legally enforceable, are followed by political actors. An example is the convention that the President should appoint ministers from all states, even beyond the requirements of the constitution.
iv. Statutes and Subsidiary Legislation:
Some laws, although not part of the constitution, help in implementing its provisions. For instance, the Electoral Act helps enforce constitutional provisions related to elections.
v. Customary and Islamic Law:
In certain contexts, these form part of constitutional law especially in matters related to personal law, provided they are not inconsistent with constitutional provisions.
6.0 Summary
In this lecture, we have examined the concept of the constitution and its various types – written/unwritten, rigid/flexible, and federal/unitary. We also explored the key characteristics that make a constitution effective and just. More importantly, we reviewed the sources of Nigerian constitutional law, noting that while the 1999 Constitution is the supreme authority, other sources such as judicial decisions, conventions, and even customary law contribute to the body of constitutional law.
7.0 Conclusion
The constitution is not merely a legal document; it is the cornerstone of a nation’s legal and political existence. As aspiring lawyers, your understanding of the constitution must go beyond its literal words. You must grasp its spirit, its structure, and its practical implications. The constitution governs not just the actions of government but also the relationship between the state and the individual. It is what makes law, law. As you progress in your legal studies, always remember that a firm foundation in constitutional law is indispensable.
8.0 Tutor-Marked Assignment (TMA)
- Define a constitution and explain its importance in a legal system.
- Differentiate between a rigid and a flexible constitution, giving examples.
- Identify and explain four sources of Nigerian constitutional law.
- “The Nigerian Constitution is both rigid and federal.” Discuss.
- List and explain any five characteristics of a good constitution.
- Constitution of the Federal Republic of Nigeria, 1999 (as amended)
- Nwabueze, B. O. (2003). Constitutional Democracy in Africa
- Obilade, A. O. (1979). The Nigerian Legal System
- Elias, T. O. (1963). Government and Politics in Africa
- Ojo, J. D. (2006). Constitutional Development in Nigeria
- Cases such as Attorney-General of the Federation v. Attorney-General of Lagos State (2003)
- Ladan, M. T. (2009). Introduction to Nigerian Legal System