Ibrahim Barkindo

Introduction to Nigerian Constitutional Law:

An Outline
Course material for Diploma One students, Centre for Islamic Legal Studies,
Institute of Administration, Ahmadu Bello University, Zaria.
 Ibrahim Barkindo 2
Introduction to Nigerian Constitutional Law: An Outline

These notes are intended as outlines on introductory aspects of the

Nigerian Constitutional Law. The notes shall be read in conjunction with the
Constitution of the Federal Republic of Nigeria, 1999.

The notes are intended only to guide and provide anecdotes on the
constitution for diploma students; they are intended to be simple and easy
to use. However, they can only be used alongside the constitution;
therefore, its user must have a copy of the CFRN 1999.

The layout of the outline is in charts and tables as much as possible,

because charts provide logical presentation and correlation of things.

1. Introduction:
Humans are social animals and nobody lives in isolation, people must come
and live together as a necessity for survival. This social grouping or interaction
will necessitate needs for food, shelter and other needs (economy); as
resources are scarce, miscreants or deviant behaviour may be found in the
community (crime), others may also try to control the social system or
resources in ways that may not be agreeable to the rest, hence the need for
leadership in the community and governance.

2. Types of Governments:
Governments may be elected by the people and the people may have
representatives to protect their interests, this is called a democracy. Another
type may be a monarchy where a king or queen is the leader or head, while
others may be a dictatorship where strong men (military or otherwise) take
over power by force and rule by their whims and caprices. We may still have
governments based on religion (theocracy), and so on.

A democratic government is preferred the world over. It is a situation where

the head of government and certain government heads (governors) and the
legislature are all elected for a fixed term of office and who are answerable to
the people and may be impeached or recalled by the people. In a democracy, a
citizen has rights protected by the law and the legislature acts as check and
balance to the executive.

A democratic government may take various forms, it may be a parliamentary

system where the parliament is supreme and the head of government is the
prime minister, it may likewise be a Federal system like Nigeria where the
government is in three tiers or at least two, federal and state; or may be a
unitary system where a country is governed on a single governmental basis,
the states will not have powers; a ready example is Britain.
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Introduction to Nigerian Constitutional Law: An Outline

3. Nature and Definition of Constitution and Constitutional Law:

Constitutional law is the law that sets up and explains the organs of
government with its functions, powers and duties. This law lays down the
principles, rules, laws and in some cases conventions and customs in
accordance with which a country is governed and by which its citizens are
bound.

A constitution is therefore a document that sets up the broad organs, tiers and
functions of government and spells out their functions, duties and powers. In
some cases, it may be more than one document that defines an d sets up these
issues, hence, it will be said that the constitution is made up of more than one
document, or it is unwritten.

4. Types of Constitutions:
Constitutions may be written or unwritten. The Nigerian constitution is an
example of a written constitution while the British constitution is the example
of an unwritten constitution, because that of Britain is made up of various
documents (Acts) and conventions (constitutional and political customs).

A constitution may also be rigid or flexible. A rigid constitution is one whose

amendment procedure is strict, like the Nigerian constitution while a flexible
constitution is one whose amendment procedure is not strict.

5. Contents of a Constitution:
A constitution, whether written or unwritten, must contain certain elements,
they are as follows:
a) Territory: the constitution must with clarity define the boundary of the
state it covers. In the 1999 CFRN, Ss.2 (2), 3, 8, 297 and the First
Schedule talks about the territory.

Nigeria shall be a federation consisting of States and a Federal Capital

Territory. Section 3 names the states of the federation which are 36 and
referred to the federal capital territory which is defined in part II of the
First Schedule to the Constitution. S.3 (6) states that there shall be 768
LGAs in Nigeria which are shown in Part 1 of the first Schedule to the
constitution and 6 Area Councils of the FCT as well.

b) Population: those permanently living within the state must be defined

because they enjoy certain rights.
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Introduction to Nigerian Constitutional Law: An Outline

Chapter III of the Constitution provides for citizenship to the country

which is of three types: by birth, by registration and by naturalization. It
also allows for dual citizenship.
c) Government: the type of government must be defined, whether it is
elective or otherwise. The government is a federal government and a
republic. It is of three tiers; federal, state and local governments. It has
three arms; legislative, executive and judicial. Each organ has functions
and powers at all levels. There is no judiciary at LG level, that of the state
serve the LGs. Both the legislative and executive positions are elective;
judicial positions are not elective.

d) Sovereignty: total independence of the government must be contained

in every constitution. Sovereignty of the country is provided in S. 2(1)
and the supremacy of the constitution is in S.1. The armed forces of the
country are established to defend the sovereignty and territorial
integrity of the nation.

6. Basic Constitutional Concepts:

a) Constitutional supremacy: this means that the constitution is supreme
as it is the supreme law of the land; all other laws derive their
authenticity and validity from it and must be in conformity with it. The
constitution binds all persons and authorities throughout Nigeria. The
country Should any law be incompatible with it (contradictory,
inconsistent, in conflict with), the constitution or its provisions shall have
the upper hand and it stays, the other law shall be ineffective or null and
void, even if not the entire law, at least the part that conflicts with the
constitution. S. 1

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 the Government of Nigeria or any part
thereof except in accordance with the provisions of
this Constitution.

(3) If any other law is inconsistent with any of the

provisions of this Constitution, this Constitution shall
 Ibrahim Barkindo 5
Introduction to Nigerian Constitutional Law: An Outline

prevail, and that other law shall to the extent of the

inconsistency be void.
(emphasis added)
b) Separation of powers: this concept means that the powers and
functions of government should not be concentrated in one sector, so
that the one enacting law should not be the interpreter as well as
executor of the judgments. If this is so, the citizens will be at jeopardy.
Therefore, power must be separated and the government must have
arms, legislative, executive and judiciary.

c) Doctrine of covering the field: legislative powers in Nigeria are vested in

the National Assembly and the States Houses of Assembly. The national
Assembly shall make laws regarding items within the Exclusive
Legislative List in Part I of the Second Schedule. States Houses of
Assembly may make laws regarding any item in the Concurrent
Legislative List which is in Part II of the Second Schedule or on any
matter not included in the Exclusive Legislative List (Residual List).
Additionally, the National Assembly may make laws regarding any
matter within the Concurrent Legislative List.

Should the federal legislature (National Assembly) enact a Law on a

matter in the concurrent list, which is comprehensive on the subject
matter, then it is deemed to have covered the whole field and there is
no need for a state legislature (House of Assembly) to enact another law
on it, because if it does, the provisions of the national assembly carry
more weight and if there is a conflict, it is the provisions of the National
Assembly that will prevail.

d) Fundamental Objectives and Directive Principles of State Policy: this is

the philosophy by which the government. These are laid down to be
pursued in the efforts of the nation to realise the national ideals. This is
now in Chapter II and it is subdivided into obligations of the
government, political objectives, economic, social, educational, foreign
policy objectives and the rest. It also includes the duties of a citizen.
e) Human Rights: these rights are considered fundamental that every
human being should enjoy them and the state enjoined to protect and
promote them. They are right to life, right to dignity of human person,
right to personal liberty, right to fair hearing, right to private and family
 Ibrahim Barkindo 6
Introduction to Nigerian Constitutional Law: An Outline

life, right to freedom of religion, etc. They are provided for under
Chapter IV.
f) The Rule of Law: this doctrine means that everything should be done in
accordance with the law; all government departments and functionaries
must be able to justify their actions according to law. If they are unable
to justify such actions, any affected person may resort to court and seek
remedy. It also means Equality of before the Law.

It also means that government should be conducted within a framework

of recognized rules and principles which restrict discretionary power.

7. Powers of Government: The powers of the government of Nigeria are

divided into the three organs across the tiers of government. Ss. 4, 5, 6
and 7. The chart below explains it:

SN ORGAN OF GOV’T TIER OF GOVEERNMENT

FEDERAL STATE LOCAL
1. LEGISLATIVE NATIONAL STATE HOUSE LG LEGISLATIVE
ASSEMBLY OF ASSEMBLY COUNCIL
2. EXECUTIVE PRESIDENT GOVERNOR LG CHAIRMAN
3. JUDICIARY SC/CA/FHC HC/SCA/CCA

a) Legislative powers: legislative powers are provided in S.4, Chapter V

(The Legislature, covering Ss.47-129) and the Second Schedule. The
federal legislature is the national Assembly which is in two chambers,
the senate and the House of Representatives, the Senate is headed
by a president while the House of Representatives is headed by a
speaker. The tenure of the national assembly is 4 years.

The functions of the legislature are to make laws for the peace, order
and good governance for Nigeria, a state or any part thereof. The
national assembly may make laws regarding matters in the exclusive
legislative list or the concurrent list while a state house of assembly
may make laws regarding matters within the concurrent list or the
residual list.
The legislatures also control public funds and serve as checks and
balances to the executive.
b) Executive powers: executive powers are provided in S.5, Chapter VI
(the Executive, covering Ss. 130-229). The federal executive powers
are vested in the president who shall exercise his powers either
 Ibrahim Barkindo 7
Introduction to Nigerian Constitutional Law: An Outline

directly or through ministers in his cabinet. The executive powers of a

state shall be exercised by the governor who shall exercise them
personally or through his commissioners. The president and the
governor are elected into office for a term of 4 years and are eligible
for a re-election. Certain executive bodies have been established by
the constitution, they established in S.153 for the federation and
S.197 for the state. The Third Schedule provides for the federal, state
and FCT executive bodies. Offices of vice president and deputy
governor are also provided in the constitution and the extent of their
powers explained.
The executive powers shall extend to the execution and maintenance
of this constitution, all laws made in the country.
c) Judicial powers: (S.6, Chapter VII; Sixth Schedule-Election Tribunal)
judicial powers are vested in courts established by the constitution or
by any Act o the National Assembly or any Law of the state House of
Assembly. The constitution established 9 courts namely, the
Supreme Court of Nigeria, the Court of Appeal, the Federal High
Court, the High Court of the FCT, the Sharia Court of Appeal of the
FCT, the Customary Court of Appeal of the FCT, the High Court of a
State, the Sharia Court of Appeal of a State, and the Customary Court
of Appeal of a State. These shall be the only Superior courts of
record.
The judicial powers shall extend to all the inherent powers of a court
of law; shall extend to all matters between persons or between
government or authority and to any person in Nigeria, and to all
actions and proceedings relating thereto, for the determination of
any question as to civil rights and obligations of that person.
The judicial powers shall not however extend to any issue regarding
chapter II (except otherwise provided by the constitution); it shall
likewise not extend to any issue regarding the validity of any decree
made on or after 15th January, 1966.

8. Introduction to the CFRN 1999

The 1999 CFRN is made up of 320 sections divided into 8 chapters; it also has
seven schedules. The constitution is promulgated by virtue of the Constitution
of the Federal Republic of Nigeria (Promulgation) Decree No. 24 of 1999 which
came into force on 5th may, 1999. The constitution is gazetted in no.27, Vol. 86
 Ibrahim Barkindo 8
Introduction to Nigerian Constitutional Law: An Outline

of the Federal Republic of Nigeria Official Gazette of 5th May, 1999; the
constitution is published as a supplement to the gazette.

Below is the abridged content of the constitution:

S/N CHAPTER THEME SECTIONS

1. CHAPTER I GENERAL PROVISIONS 1-12
2. CHAPTER II FUNDAMENTAL OBJECTIVES AND 13-24
DIRECTIVE PRINCIPLES OF STATE
POLICY
3. CHAPTER III CITIZENSHIP 25-32
4. CHAPTER IV FUNDAMENTAL RIGHTS 33-46
5. CHAPTER V THE LEGISLATURE 47-129
6. CHAPTER VI THE EXECUTIVE 130-229
7. CHAPTER VII THE JUDICATURE 230-296
8. CHAPTER VIII FEDERAL CAPITAL TERRITORY, 297-320
ABUJA
AND GENERAL SUPPLEMENTARY
PROVISIONS

Schedules to the Constitution:

SN SCHEDULE THEME NO. OF SECTIONS

1. FIRST SCHEDULE 1. STATES OF THE FEDERATION N.A.
2. DEFINITION AND AREA COUNCILS OF
THE F.C.T. ABUJA
2. SECOND SCHEDULE 1. EXCLUSIVE LEGISLATIVE LIST 68 item; 30 items
2. CONCURRENT LEGISLATIVE LIST and 2 sections
3. SUPPLEMENTAL AND
INTERPRETATION
3. THIRD SCHEDULE 1. FEDERAL EXECUTIVE BODIES 31, 5 and 2
2. STATE EXECUTIVE BODIES
3. F.C.T. EXECUTIVE BODY
4. FOURTH SCHEDULE FUNCTIONS OF A LOCAL GOVERNMENT 2
COUNCIL
5. FIFTH SCHEDULE 1. CODE OF CONDUCT FOR PUBLIC 19 and 16
OFFICERS
2. PUBLIC OFFICERS FOR THE PUSPOSES OF
CODE OF CONDUCT
6. SIXTH SCHEDULE ELECTION TRIBUNALS 2
7. SEVENTH SCHEDULE OATHS N.A.