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“Problem e no dey finish”
One of the highlights of the 2023 General Elections was that controversies over certain sections of The Constitution of the Federal Republic of Nigeria, 1999 (the Constitution) turned almost anyone engaged in such disagreement into lawyers capable of constitutional interpretation. The debates over certain sections eventually spiralled into the age-old debate concerning other contentious issues affecting the Constitution, which many believe causes Nigeria not to work well. Some of these issues are:
- The Preamble: The Constitution did not derive its powers and authority from the Nigerian people. “We the people” is a lie.
- Political Structure: Nigeria is only Federal in theory but Unitary in practice.
- Revenue Allocation: The Constitution does not adequately address the principle of derivation.
- Secularity: The secularity of Nigeria is not expressly guaranteed.
- Amendment Process: The current process of amending The Constitution is cumbersome, expensive and unrealistic.
- Local Government: Due regard has not been given to local governments by The Constitution.
- Women: The Constitution is not gender sensitive and does not have affirmative action clauses to address historical discrimination and prejudices against women.
There is no denying that the Constitution has received good attention that should continue if we are to make progress as a country; however, many others were caught between the fray, confused and unable to join in the debates that affect them as citizens because they do not understand what purpose the Constitution serves, why it matters, and why it takes the blame for the problems of Nigeria. Consequently, we will start by explaining what a constitution means and why it matters before exploring some contentious issues of the Constitution.
Grundnorm
Unlike Matter with a generally acceptable definition – anything that has weight and occupies space – a Constitution is described by scholars in various ways, according to their orientations or the society in which the Constitution belongs. However, we will use the description given by an English professor, Professor Wade:
By a Constitution is normally meant the document having a special legal sanctity which sets up the framework of the principal or main functions of organs of government of a State and declares the principles governing the operations of these organs. It is a selection of the legal rules which govern the government of that country and which have been embodied in a document.
Wade E.C.S., and Phillips G.G., Constitutional Law (7th ed.) (London: Longmans, 1965) p. 1
Professor Wade’s description can be summarised in one word: Grundnorm, created by Hans Kelsen, a German philosopher, meaning: “ultimate foundational principle.” As such, a Constitution is like the foundation of a building, the structure of structures; the part of a building that must exist for other parts of the building to exist, that which gives other parts of the building their validity and sustenance. That is why sections 1 (1) and (3) and section 14 (2) (a) of the Constitution are important. Section 1(1) states:
This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
Section 1(3) reads:
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 the inconsistency be void.
Section 14 (2) (a) provides:
Sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority;
The implication of sections 1 (1) and (3) and section 14 (2) (a) of the Constitution is that every Nigerian authority, law and person is subject to the existence and supremacy of the Constitution, empowered by the Nigerian people. The Constitution of the Federal Republic of Nigeria, 1999, is the ultimate foundational principle that defines the system of government Nigeria operates, the make-up of governments, the extent of governmental powers, the obligations of governments, the method governments conduct themselves, the definition of a citizen of Nigeria, the rights and duties of such citizen, etc.
Structure of the Constitution
When you open the Constitution, you will find it divided into chapters, parts, sections, subsections, paragraphs and schedules. Apart from guaranteeing orderliness, the Constitution exists around certain principles paramount to Nigeria: constitutional sovereignty, federalism, separation of powers, rule of law, representative democracy, and presidential system of government, among others. The super-structure of the Constitution is the eight Chapters dealing with different issues. They are:
- Chapter I – General provisions
- Chapter II – Fundamental Objectives and Directive Principles of State Policy
- Chapter III – Citizenship
- Chapter IV – Fundamental Rights
- Chapter V – The Legislature
- Chapter VI – The Executive
- Chapter VII – The Judicature (judiciary), and
- Chapter VIII – Federal Capital Territory, Abuja and general supplementary provisions.
A cursory look at the arrangement of sections indicates that the Constitution moves from the general to the specific. For example, Sections 4, 5 and 6 of Chapter I of The Constitution establish the Legislature, the Executive and the Judiciary of both the Federal Government and the State Governments (in that order), and Chapters V, VI and VII give more detail about how the Legislature, the Executive and the Judiciary, of both the Federal Government and the State Governments (in that order), should operate.
Furthermore, establishing the organs of government in the order of legislature, executive, and judiciary is a nod to their functions and interrelatedness. The legislature is first created in section 4 because without the legislative arm to make law, there will be nothing for the executive arm to implement; furthermore, without a legislative and an executive arm in existence, there will be no law to interpret nor any dispute between the first two arms for the judiciary to decide on. This structure exists because Nigeria practices separation of powers; the three organs are government (whether at the Federal, State or Local government level), but they are separated into three arms to prevent the abuse of power.
Maps, Roads and Signposts
Imagine Nigerians are travellers on a journey towards progress and self-actualisation. We would need a map to show us the road or route to follow, with signposts pointing at directions and turns we should take, but the map cannot, on its own, lift the travellers to their destination. If we do not carry the map to use, it is a mere piece of paper that will gather dust at least and, at most, be studied by cartographers (lawyers). Tying our bootstraps and trudging the road together as a people, despite the bumpiness of the road, is what makes the map work at its full potential.
Likewise, the Constitution is a map to guide Nigeria to progress and self-actualisation; the road we will take has pot-holes (contentious issues), but its purpose is to be a guide, to be the philosophy behind our existence and operation as a people. However, the provisions (signposts) of the Constitution are not unchangeable; like the constitutions of other countries, it has been shape and form-shifted since the first Constitution of 1914.
The Constitution has undergone five alterations (2010, 2017, and 2023) since it came into force on the 29th of May 1999. It means that continuous usage, testing, stretching, debates, dialogues, amendments (or repeal and re-enactment), depending on the prevailing circumstances, will carry Nigeria forward to its destination, provided we work together.
As lofty as the purpose of the Constitution is, we do not deny that some of its noble ideals have not yet been achieved – consequently, in subsequent articles, we will explore some of these unaccomplished ideals in the light of the long constitutional history of Nigeria, but for now, this is what a Constitution means.
Author – Citizens Classroom
CitizensClassroom is an independent and non-partisan ed-tech organisation that produces 100% free animated videos, podcasts, articles and educational resources to help make principles, theories and facts about three core subjects: Nigerian History, Literature and Government, accessible to everyone and everywhere. To learn more about Citizens Classroom and their projects, visit their website and follow them on Twitter and Facebook.
