Nigerian 1999 Constitution

Have you ever wondered what binds and or govern a state or country together?

A Constitution is a body of fundamental laws and or lay down principles, according to which a state or
country is to be governed.

The Nigerian 1999 Constitution was enacted on 29th May 1999,inaugurating the Nigeria Fourth Republic.
The 1999 Constitution restored democratic rule in Nigeria,and also remains in force today. In January
2011,two amendments of the 1999 Constitution were signed by former President Goodluck Jonathan,
the first modifications since the document came into use in 1999.

THE BASIC FEATURES OF THE 1999 CONSTITUTION

1. The Preamble

2. The Government

3. The Territory

4. Separation of Powers

5. Sovereignty

6. Federalism

1. The Preamble: - This part of the constitution gives guidance to the constitution. Here we are
given the chapter, sections and subsections of the constitution and pages where they can be
found. The preamble is meant to direct or serve as a content page of the Nigerian constitution.
The preamble could also be found on the 3rd to the with page of the Nigerian constitution of
1999.

2. Government: - there must be a government whether elective or not run the affairs of the state.
The type of government does not matter. It may be a military regime coo loan administration,
Oligarchy, Diarchy, Monarchy, all of which are discussed below, what is infect important for this
aspect of our study is that there must be a government to be in-charge of the affairs of the
states. If the government is only independent in internal affairs but is still ruled external affairs,
like what Nigerian went through between 1954 and September 1960, than it is no qualified to
be in the under discussion here.

The government system is Nigeria according to the constitution shows that we are operating the
presidential system of government that is the President as the ceremonial head and also the executive
head and also the executive head. Section 130-140 of the 1999 constitution shows and takes about the
President of the federation.

3. The territory: A state, legally is a defined boundary, although, such boundary is suppose to be
permanent, if it change at all, such changes must not be at random.

It is the territorial entities. A community with a defined territory must be inherited by human territory
must be inherited by human beings the section 2 and 3 of the 1999 constitution talks about Nigeria as a
territorial state.

4. Separation of Powers: Separation of powers can be found in section 4, 5 and 6 of this sections
delegate certain powers to be armor organs of Government in Nigeria.

The Section 4 of the 1999 constitution talks about legislative arm of Government, Section 5 talk of the
Executive and section 6 talks about solitary.

5. Sovereignty: Sovereignty could be defined as the ability for a nation to be total control without
external interference. Nigeria according to 1999 constitution is a sovereign state and it can be
found in section 2 of the Nigeria constitution.

6. Federalism: Federalism has to do with the division of Government, state and local government.

Constitutionalism: Constitutionalism could be defined as the strict adherence to the constitution with
full obedience constitution is the engagement or commitment of the practices of the constitution. It is
observing to do all that is embedded in the constitution

The relationship between constitution and constitutionalism is that constitution itself is the document or
book but constitutionalism is the practice of all that is written in the constitution without sentiments.

CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA

PREAMBLE

We the people of the Federal Republic of Nigeria,

Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble
sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace,
international co-operation 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.

CHAPTERS

CHAPTER I: General Provisions

CHAPTER II: Fundamental Objectives and Directive Principles of State Policy

CHAPTER III: Citizenship

CHAPTER IV: Fundamental Rights

CHAPTER VI: THE EXECUTIVE

CHAPTER VII: THE JUDICATURE

CHAPTER VIII: Federal Capital Territory, Abuja and General Supplementary Provisions

Chapter two [2] of the 1999 Constitution of Nigeria, Act 13[Fundamental Obligations Of The
Government] states, and I quote

13. It shall be the duty and responsibility of all organs of government, and of all authorities and persons,
exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of
this Chapter of this Constitution.

The above portion of the Nigerian 1999 Constitution means that, it is going to be the obligation and
accountability of the arms of government, and of all authorities and persons, exercising legislative,
executive and judicial powers to act in accordance with expectation, observe and apply the provisions of
the chapter above of the 1999 Constitution.

Under Chapter II [2] of the Nigerian Constitution Of 1999, Act 14, [The Government And The People]
14. (1) The Federal Republic of Nigeria shall be a State based on the principles of democracy and social
justice.

(2) It is hereby, accordingly, declared that:

(a) Sovereignty belongs to the people of Nigeria from whom government through this Constitution
derives all its powers and authority;

(b) The security and welfare of the people shall be the primary purpose of government: and

© the participation by the people in their government shall be ensured in accordance with the
provisions of this Constitution.

(3) The composition of the Government of the Federation or any of its agencies and the conduct of its
affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to
promote national unity, and also to command national loyalty, thereby ensuring that there shall be no
predominance of persons from a few State or from a few ethnic or other sectional groups in that
Government or in any of its agencies.
(4) The composition of the Government of a State, a local government council, or any of the agencies of
such Government or council, and the conduct of the affairs of the Government or council or such
agencies shall be carried out in such manner as to recognise the diversity of the people within its area of
authority and the need to promote a sense of belonging and loyalty among all the people of the
Federation.

The portion above implies that Nigeria, shall be a state based on the principles of democracy and social
justice.

It also declared that :

a. Sovereignty belongs to the people of Nigeria.

b. The security and welfare of the people shall be the primary purpose of the government.
c. The people’s participation in government shall be ensured in accordance with the provisions
of the constitution.
3. The conduct of the affairs of the government of the federation shall be carried out in such
a way that it reflects the federal character of Nigeria and promotes national unity and
loyalty.
4. The composition of a government of a State, a local government council etc should carry
out its affairs in such a manner that it recognizes the diversity of people within its area of
authority and loyalty among the people of the federation.