The Philosophy and Constitutional Rule of the Nigerian State (Pols 112)

Introduction

A constitution is the supreme law of any sovereign state. It defines the structure of government, establishes the rights and duties of citizens, and sets the philosophical foundations upon which the state is governed. For Nigeria, constitutional development has been a dynamic and at times turbulent process, shaped by the competing pressures of colonial legacy, military intervention, ethnic diversity, and the aspiration for democratic governance. Understanding Nigeria's constitutional history is therefore essential to understanding the nature, character, and direction of the Nigerian state.

1999, Nigerian constitution 

Nigeria's Constitutional History

Nigeria gained independence on 1 October 1960. Since then, the country has operated under five constitutions, each reflecting the political circumstances of its time:

1. The 1960 Constitution — the Independence Constitution, which established Nigeria as a constitutional monarchy within the Commonwealth, with the British monarch as head of state represented by a Governor-General.

2. The 1963 Constitution — the Republican Constitution, which transformed Nigeria into a Federal Republic with a Nigerian President as head of state, removing the British crown from Nigeria's constitutional framework.

3. The 1979 Constitution — marked the return to civilian democratic rule following the military era of 1966–1979. It introduced a presidential system of government modelled in part on the United States model, replacing the earlier Westminster parliamentary structure.

4. The 1989 Constitution  — promulgated during the military administration of General Ibrahim Badamasi Babangida. Though it was never fully implemented, it was designed to facilitate a transition to civilian rule that was ultimately aborted.

5. The 1999 Constitution — the current constitution, which restored democratic governance and remains the supreme law of Nigeria to date.

Despite differences in historical context, all five constitutions share a broadly consistent philosophical foundation for the Nigerian state — affirming its federal character, sovereignty, and commitment to unity in diversity.

The 1999 Constitution

For the purpose of examining the philosophy and constitutional rule of the Nigerian state, the 1999 Constitution serves as the primary reference, as it is the operative constitutional document and encapsulates the accumulated constitutional thinking of Nigeria's post-independence history.

The 1999 Constitution came into effect on 29 May 1999 — not 5 May as is sometimes stated — when the military administration of General Abdulsalami Abubakar formally transferred power to a democratically elected civilian government. The elected president was Chief Olusegun Obasanjo, who had previously served as military head of state from 1976 to 1979, making him a unique figure in Nigerian constitutional history — having presided over both a military-to-civilian transition and himself becoming the beneficiary of one.

Objectives of the 1999 Constitution

The 1999 Constitution is closely modelled on the 1979 Constitution and is broadly guided by the following foundational objectives:

1. The Constitution portrays Nigeria as one indivisible and indissoluble sovereign state, affirming that no part of the country may secede or be separated from the federation. This was a direct response to the divisions laid bare by the Civil War of 1967–1970.

2. The supremacy of the Constitution is clearly established: its provisions are binding on all authorities and persons throughout the territory of Nigeria. Any law or action inconsistent with the Constitution is null and void to the extent of its inconsistency.

3. It is only through the provisions of the Constitution that leaders at all levels of government in Nigeria — federal, state, and local — can legitimately emerge, exercise power, and be removed from office.

4. The Constitution was established to ensure the unity, stability, and harmony of Nigeria, providing a common framework for a country of extraordinary ethnic, religious, and cultural diversity.

5. The Constitution vests the powers of government in constitutionally established institutions for the protection, unity, and progress of Nigeria — ensuring that power is exercised through accountable and defined structures rather than arbitrarily.

Basic Attributes of the 1999 Constitution

The following are some of the fundamental structural and institutional features of the 1999 Constitution:

1. States and the Federal Capital Territory: The Constitution recognises 36 states and the Federal Capital Territory (FCT), Abuja, as the constituent units of the Federal Republic of Nigeria.

2. Local Government Areas: The Constitution recognises 768 Local Government Areas (LGAs) across the 36 states, and 6 Area Councils within the Federal Capital Territory, as the third tier of government. This recognition gave local government a constitutional basis for the first time, though debates about its fiscal and administrative autonomy have persisted.

3. State of Emergency: The Constitution empowers the Federal Government to declare a state of emergency in any part of the country in exceptional circumstances — such as situations of civil unrest, breakdown of public order, or natural disaster — subject to the approval of the National Assembly. This provision underscores the federal government's overriding responsibility for national security and territorial integrity.

4. Legislative Powers — The Three Lists: The Constitution distributes legislative powers between the federal and state governments through three lists:

• The Exclusive Legislative List contains matters on which only the Federal Government can legislate — including defence, foreign affairs, immigration, currency, and taxation. The concentration of items on this list reflects the strongly centralised character of Nigerian federalism.
• The Concurrent Legislative List contains matters on which both the Federal and State Governments may legislate — including education, agriculture, and health. In cases of conflict, federal law prevails.
• The Residual List contains matters not specified in either of the above lists, over which State Governments have exclusive legislative authority. In practice, the residual list is relatively limited given the extensive scope of the exclusive list.

The concentration of power at the federal level — particularly through the dominance of the Exclusive List — has been a consistent subject of debate in Nigeria, with advocates for true federalism arguing for a rebalancing of powers between the centre and the states.

Conclusion

The constitutional history of Nigeria reflects the country's ongoing effort to build a stable, democratic, and united state out of its complex diversity. From independence in 1960 through successive civilian and military administrations, each constitution has attempted to address the political challenges of its time while maintaining a consistent philosophical commitment to Nigerian unity, sovereignty, and federal governance. The 1999 Constitution, now over two decades in operation, remains the cornerstone of Nigeria's democratic framework — though calls for its review and reform continue to reflect the unresolved tensions between federalism, equity, and the aspirations of Nigeria's diverse peoples.