Features of the Nigerian Constitution

The main features of the Nigerian Constitution are:

1.       Supremacy of the Constitution: a constitution is said to be supreme if it is the source of all the lawmaking powers of a State. It is superior to all laws, powers and authorities in the State. It is in this central position that the 1999 Nigerian Constitution stipulates as follows:

Section 1(1): this constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.

(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of government of Nigeria or any part thereof except in accordance with the provisions of this constitution.

(3) if any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of its inconsistency be void.

At this point it is obvious the Constitution is the supreme law of the land. It is the organic law of the State i.e. the grund-norm, the fons et origo. And indeed every law takes its root from the Constitution.

2.      The 1999 Nigerian Constitution is both Federal and Republic Constitution: It is federal because it provides for constitutional division of powers among the different tiers of government. The tiers consists of the Federal government, State government and Local government areas. The powers of government are distributed between the Central government in Abuja and the whole regional units called States and the sub-units of the State referred to as the local government. For instance, the powers and functions contained in the exclusive legislative list are mainly for the Central government to exercise such on currency, defence and external affairs etc. The concurrent legislative list which contains issues like high education, road and industrial development are to be exercised by both the Central government and the State government however where there is a clash of interest, the power of the Central government will prevail over the State’s. On the other hand, the powers and duties contained in the residual legislative list such as primary education, market, motor parks etc. are to be exercised by the Local government. Thus, federalism is a fundamental basis and one of the final objectives of the Nigerian Constitution. Also, it is Republican simply because unlike in monarchy, it embraces and provides for the operation of a Sovereign State headed by a President elected for a fixed term in office. Nigeria adopted a republican Constitution in 1963 (first republic), 1979 (second republic), the third was aborted and the fourth was in 1999 till date.

3.      A bi-cameral and unicameral legislature: the Nigerian Constitution provides for a bi-cameral legislature at the Federal level and unicameral legislature at the State level. A bi-cameral legislature is a legislative structure made up of two chambers. For instance, at the Central government we have the National Houses of Assembly which are made up of two chambers: the Senate and the House of Representatives and both of which their powers and functions are clearly stated in the Constitution. Unicameral legislature on the other hand is a legislative structure made up of only one legislative chamber. For instance, at the State level we have the State House of Assembly made up of a single chamber. The powers accrued to it are clearly stated and defined by the Constitution.

4.      It is a rigid Constitution: The 1999 Nigerian Constitution is a rigid Constitution because it cannot be amended with ease. The provisions for its amendment are very cumbersome and rigorous which requires special processes or a complicated method before it can be amended. For instance, before the Constitution can be amended or changed it demands that two-thirds of the members of the House of Representatives and the Senate House vote it its favour.

5.      It is a Written Constitution: Unlike the British Constitution which is unwritten, the Nigerian Constitution is a written constitution. It is compiled by a constitutional making body for a number of years. This Constitution is derived from a number of Statutory instruments such as colonial proclamations, constitutional conferences, agreements and Acts of British Parliament.

6.      The 1999 Nigerian Constitution also provides for a Presidential system of government: A Presidential system of government is a system in which the head of the State is also the head of government. It is a system where all executive powers are vested in one single person as the Chief Executive President. The Constitutional of a Presidential system of government is therefore supreme and has succeeded in creating the offices of the head of State and government in a single individual known as the executive president.

7.      The principle of rule of law: rule of law is defined as the supremacy of law over everybody in a political system. It is a provision made by the Constitution with emphasis on supremacy of the law, equality before the law and the inclusion of the principle of individual right. Nemo est supra leges – no one is above the law. According to A.V Dicey, the political leaders to whom the power is entrusted should also abide by the rule of law and govern the people according to the provisions of the Constitution. Thus, the 1999 Nigerian Constitution is aid imbibe the principles of rule of law as founded by A.V dicey.

8.       The 1999 Nigerian Constitution also imbibes the concept of separation of powers as expounded by John lock and Baron Montesquieu which provides for a clear division of powers and functions among the three organs of government.