Classwork Series and Exercises {Government}: The Current Nigerian Constitution

Civic Education, JSS 3 Week 3

Topic: The Current Nigerian Constitution

Contents:

• What is a Constitution
• Sources of Nigerian Constitution
• Features of Nigerian Constitution

What is a Constitution?

A constitution is the fundamental law, written or unwritten, which establishes the character of a government. A constitution is also a body of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed.

It is the basic principles which all citizens must abide with. It prescribes the extent and manner of the exercise of a nation’s sovereign power.It is the fundamental and entrenched rules governing the conduct of an organization or nation state, and establishing its concept, character, and structure. It is usually a short document, general in nature and embodying the aspirations and values of its writers and subjects.

Sources of Nigerian Constitution

The Nigerian Constitution can be sourced from the following:

• Conventions: Conventions are rules of practice that have been accepted because of their long usage.
• Common Law: Law based on people’s customs and beliefs, which the courts also recognize is also a source of Nigerian constitution
• Historical Documents: Documents containing historical records of people and their traditions
• Judicial Precedents: Law emanating from previous court judgements, usually from superior courts. They can also be called case laws.
• Act of Legislature: Laws made by the state and national assemblies

Features of Nigerian Constitution

The Nigerian Constitution  (1999) has eight different chapters; each of the chapter has sub sections and parts.

The prelude to the chapters  states:

We the people of the Federal Republic of Nigeria,

Having firmly and solemnly resolved , to live in unity and harmony as one indivisible  and indissoluble sovereign nation under God, dedicated to the promotion of inter-Africa solidarity, world peace, international cooperation and understanding, And to provide for a constitution for the purpose of promoting the good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and for the purpose of consolidating  the unity of our people , do hereby make, enact and give to ourselves the following constitution.

Chapter 1

The supremacy of the constitution and the states of the Federation and Federal Capital Territory, Abuja

Chapter II

This chapter highlights the fundamental objectives and directive principles of state policy

Chapter III

This chapter focuses on citizenship, it highlights issues relating to citizens

Chapter IV

It Presents the fundamental Human Right

Chapter V

It highlights how the legislature of the federal and state government will be established;how they will operate and function.

Chapter VI

It makes provision for the federal Executives, It itemizes all the conditions attached to to the office of the president , election, tenure and disqualification.

Chapter VII

This chapter provides the judicature i.e composition of the judicial arm of government; supreme court, court of appeal, Sharia court of appeal pf the state and the Customary court of appeal

Chapter VIII

This chapter makes provision for the federal capital territory, Abuja; presents other supplementary provisions.

Constitution of the Federal Republic of Nigeria (Promulgation) Decree

Chapter One: General Provisions

Chapter Two: Fundamental Objectives and Directive Principles of State Policy

Chapter 3: Citizenship

Chapter Four: Fundamental Rights

Chapter Five: The Legislature

Chapter Six: The Executive

Chapter Seven: The Judicature

Chapter Eight: Federal Capital Territory, Abuja and General Supplementary Provisions

First Schedule: States of the Federation.  Definition of Federal Capital Territory Abuja.

Second Schedule: Legislative Powers

Third Schedule: Federal Executive Bodies & State’s Executive Bodies

Fourth Schedule: Functions of a Local Government Council . Functions of a Local Government Council

Fifth Schedule: Code of Conduct for Public Officers Public Officers for the purposes of the Code of conduct

Sixth Schedule: Election Tribunals

Seventh Schedule: Oaths