Constitution of the Federal Republic of Nigeria: History, Dates & Laws

Constitution

Understanding the legal foundation of Africa's most populous nation is essential for citizens, investors, and legal scholars alike. The Constitution of the Federal Republic of Nigeria is the supreme law of the land, providing the framework for governance, the protection of fundamental rights, and the separation of powers.

But does Nigeria have a constitution that has remained unchanged? Not quite. Nigeria's constitutional history is a journey through colonial rule, military decrees, and democratic transitions.

Nigeria Constitution Date: When Was the Current Law Adopted?

The current federal constitution of Nigeria was adopted on May 29, 1999. This date marked the end of decades of military rule and the birth of the Fourth Nigerian Republic.

While the 1999 document is the active one today, it has undergone several amendments (alterations) to address issues like electoral reform, judicial autonomy, and the transition of power.

A Brief History of Constitutions in Nigeria

Nigeria has moved through several "constitutional eras." Understanding these helps explain the current laws of the Federal Republic of Nigeria.

The Colonial Era (1922–1954)

Before independence, the British colonial administration introduced several documents named after the serving Governors-General:

  • Clifford Constitution (1922): Introduced the first elective principle.

  • Richards Constitution (1946): Promoted regionalism.

  • Macpherson Constitution (1951): Created a quasi-federal system.

  • Lyttleton Constitution (1954): Established a full federal structure for Nigeria.

The Post-Independence Eras

  1. 1960 Independence Constitution: Nigeria became a sovereign state with a parliamentary system.

  2. 1963 Republican Constitution: Severed ties with the British monarchy; Nigeria became a Republic.

  3. 1979 Constitution: Shifted Nigeria from a parliamentary system to an American-style Presidential system.

  4. 1999 Constitution: The current law, restoring democratic rule.

Key Features of the Federal Constitution of Nigeria

The laws of the Federal Republic of Nigeria are built upon a few "pillars" defined within the constitution:

  • Supremacy of the Constitution: Section 1(1) states that the Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the country.

  • Separation of Powers: It divides government into three branches:

    1. The Legislature: Vested in the National Assembly (Senate and House of Representatives).

    2. The Executive: Vested in the President (at the Federal level) and Governors (at the State level).

    3. The Judiciary: Vested in the Courts (Supreme Court, Court of Appeal, etc.).

  • Federal Character: A unique principle ensuring that appointments to public functional bodies reflect the linguistic, ethnic, and religious diversity of the 36 states.

The Laws of the Federal Republic of Nigeria

It is a common misconception that all laws are found inside the constitution. In reality, the constitution is the "Grundnorm" (the base law), while other sources of law include:

  1. Acts of the National Assembly: Specific laws like the CAMA (Companies and Allied Matters Act) or the Electoral Act.

  2. Delegated Legislation: Rules made by ministers or agencies.

  3. English Law: Received common law and doctrines of equity.

  4. Customary and Sharia Law: Applicable in specific regions and personal matters (marriage, inheritance).

Why the Constitution Matters Today

The Constitution of the Federal Republic of Nigeria remains a living document. Currently, there are ongoing debates regarding "True Federalism," state police, and further decentralization of power. Understanding the nigeria constitution date and its provisions allows Nigerians to hold their leaders accountable and protect their fundamental human rights.

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