OBAFEMI AWOLOWO UNIVERSITY

DEPARTMENT OF LAW
ILE-IFE OSUN STATE, NIGERIA

COURSE CODE:
PUL 201

COURSE TITLE:
CONSTITUTIONAL LAW IN NIGERIA

PROJECT TOPIC:
DIFFERENCE BETWEEN 1979 AND 1999 CONSTITUTION

LECTURER IN CHARGE:

GROUP 1 PROJECT
 NAMES OF GROUP 1 MEMBERS

ADEDOKUN BOLU CHRISTIANAH- PUA/2021/006

ADEGBUYI AYOKANMI JACOB- PUA/2021/009

CHIOMA ADENIKE ADEKOYA - PUA/2021/011

ADEBOWALE HASSAN TAIWO - LAW 2021/012

ABASS HAUWA OPEMIPO- LAW/2021/001

VICTOR THEOPHILUS ADEBIYI - LAW/2021/011

ADEBIYI TIMILEHIN MICHAEL - LAW/2021/010

ADEBAYO OLUWATOSIN - LAW/2021/009

SUNDAY OLUWAPELUMI BLESSING - 202390011972HF

ABDULAZEEZ TAWAKALT OPEYEMI- LAW/2021 /002

ADELEYE AMIDAT ADEDAMOLA-PUA/2021/015

ADEDOYIN ADAMS - 202390017620FA

 TABLE OF CONTEXT

1. INTRODUCTION
2. HISTORY OF CONSTITUTIONAL DEVELOPMENT IN NIGERIA
3. HISTORY OF 1979 CONSTITUTION AND FEATURES
4. HISTORY OF 1999 CONSTITUTION AND FEATURES
5. DIFFERENCE BETWEEN 1997 AND 1909 CONSTITUTION
A. CHAPTER I
B. CHAPTER II
C. CHAPTER III
D. CHAPTER IV
E. CHAPTER V
F. CHAPTER VI
G. CHAPTER VII
H. CHAPTER VIII
I. SCHEDULES
2. CONCLUSION
6. REFERENCES

INTRODUCTION

Nigeria is a creation of the constitution and it grew into an internationally recognized independent
nation in 1960, after a period of colonialism under the British government, which spanned out a
century

What is a constitution?
A constitution is the aggregate of fundamental principles or established precedents that constitute
the legal basis of a polity, organization or other type of entity, and commonly determines how that
entity is to be governed.

A constitution is a set of fundamental rules that determines how a country or state is run.

There are several types of constitutions including: Written and unwritten constitution, Rigid and
flexible constitution, Unitary, federal and confederal constitution,etc.

Nigeria practices a written and rigid constitution. A written constitution is a formal document that
sets out the fundamental laws and principles of a country's government. It is typically created by a
constitutional convention or assembly and ratified by a vote of the people. In Nigeria, the 1999
constitution is the country's highest law and can only be amended by a two-thirds majority votes
in both houses of legislature.

Nigeria has had many constitutions in the past ,the constitution set out the structure of the
government ,the right and duties of citizens ,and the rule for how the government operates So,
one of the advantages of a written constitution is that it is very clear and specific about the powers
and responsibilities of the government. It can also be used to protect the rights of citizens and to
prevent the government from abusing its power. However, one of the disadvantages of a written
constitution is that it can be difficult and time-consuming to amend, even when it is necessary to
do so.

HISTORY OF CONSTITUTIONAL DEVELOPMENT IN NIGERIA

Nigeria’s constitutional development history can be divided into two epochs or generations, that
is, the colonial or pre- independence epoch, which covers six constitutional instruments (1914,
1922 ,1946, 1951, 1954 & 1960) and the post independence epochs, encompassing three
instruments (1963, 1979 & 1999). While each successive pre-independence constitutional
instrument was established through an order-in-council of the British monarch, their post-
independence counterparts were enacted in two ways; an Act of parliament (1963 constitution)
and military decree (1979 and 1999 constitution).

From the 1960 independence constitution which was drafted by a constitutional conference in
1959 which was held in London and it came into effect in 1960 when Nigeria gained independence
from Britain ,this 1960 constitution created a parliamentary system of government,after this the
1963 republican constitution came in and this was a major milestone in Nigeria constitution,it was
similar to the 1960 but it abolished the position of the queen of England as the head of state and
replaced it with a president.However , it was suspended by a military coup in 1966.The military
were in rule till 1979,In that year Nigeria adopted a new constitution which created a federal
system of government with a president and bicameral legislature and was enshrined with human
rights and civil liberties.However,this 1979 constitution only lasted 4 years before another coup
took place in 1983 .Then the 1999 constitution was adopted,this constitution created a Federal
republic with a president and bicameral legislature,it also established an independent judiciary
and a bill of rights,it is the constitution still in use till date even though it has been amended
several times.
IN-DEPTH CONSIDERATION OF THE BACKGROUND AND FEATURES OF THE 1979 CONSTITUTION.

The 1979 Constitution of Nigeria marked a significant turning point in the country's political
history. It aimed to establish a stable democratic framework after a period of military rule and
political instability.

The 1979 Constitution emerged after 13 years of military rule under General Yakubu Gowon and
General Murtala Muhammed. Public disillusionment with military rule and a strong desire for a
return to civilian governance were key factors driving the demand for a new constitution.

Unlike previous constitutions drafted under limited or no public input, the 1979 Constitution
involved extensive public consultations. A Constitution Drafting Committee (CDC) led by Chief
Rotimi Williams held nationwide public hearings and received written submissions, gathering
diverse perspectives from the Nigerian people.

The 1979 Constitution drew inspiration from various sources, including the American presidential
system, the British Westminster model, and elements of Nigerian customary law. It sought to
create a unique blend of these influences tailored to the Nigerian context.

........

Under decree No 50 of 1977 a constituent assembly was established made up of 203 elected
members representing the various states and 20 others nominated by the Supreme Military
Council under the chairmanship of Sir Udo Udoma.

In 1979, a new constitution based on the executive presidential system was promulgated by the
Supreme Military Council after making a number of ammendments. Which became effective on 1st
October 1979. It is worthy to note here

that while the parliamentary system which was abandoned acknowledged the supremacy of the
parliament, the 1979 presidential system is based on

the supremacy of the constitution and the doctrine of full separation of power between the three
arms of government- the executive, legislature and judiciary.

The 1979 constitution vested on the president with tremendous amount of power, there was the
principle

of federal character to eliminate the fears of minorities

KEY FEATURES:

Federal presidential system: The Constitution established a federal system with a directly elected
President as Head of State and Commander-in-Chief of the Armed Forces. This marked a significant
departure from the previous parliamentary system of the First Republic.

Separation of powers: The Constitution enshrined the separation of powers between the
executive, legislative, and judiciary branches of government. This aimed to prevent undue
concentration of power and ensure checks and balances within the system.
Fundamental human rights: The Constitution guarantees fundamental human rights, including the
right to life, liberty, freedom of expression, and freedom of assembly. This represented a
significant step towards protecting individual liberties and promoting democratic values.

Federalism: The Constitution strengthens the federal structure of Nigeria, defining the powers and
responsibilities of the federal government and the states. This aimed to address regional tensions
and promote autonomy while also maintaining national unity.

Independent judiciary: The Constitution reinforces the independence of the judiciary, vesting
judicial power in the Supreme Court and other courts established by law. This aimed to ensure a
fair and impartial legal system and uphold the rule of law.

CHALLENGES AND LEGACY:

Despite its progressive features, the 1979 Constitution faced challenges. The Second Republic,
under the Constitution, was marred by political instability, corruption, and economic
mismanagement, ultimately leading to another military coup in 1983.

However, the 1979 Constitution remains a significant landmark in Nigeria's constitutional

development. It established the principles of democratic governance, fundamental human rights,
and federalism, laying the foundation for the current 1999 Constitution. Its legacy continues to
shape contemporary debates on constitutional reform and the quest for a more stable and
equitable Nigerian democracy.

IN-DEPTH CONSIDERATION OF THE BACKGROUND AND FEATURES OF THE 1999 CONSTITUTION.

The 1999 Constitution of Nigeria stands as a testament to the country's aspirations for a stable and
democratic future. Drafted after another period of military rule, this document embodies the
lessons learned from past experiences and represents a significant development in Nigerian
governance.

Following the fall of General Sani Abacha's military regime in 1998, Nigerians craved a return to
civilian rule and a stronger foundation for democracy. The Abacha regime was marked by human
rights abuses, economic mismanagement, and political repression, fueling a collective desire for a
constitution that would safeguard against such occurrences.

Unlike previous constitutions drafted behind closed doors, the 1999 Constitution involved
extensive public participation. A nine-member Constitutional Review Committee (CRC) led by
Justice Muhammed Lawal Uwais conducted nationwide public hearings, receiving submissions
from diverse groups across the country. This inclusive process aimed to create a constitution that
reflected the aspirations and concerns of the Nigerian people.

The 1999 Constitution draws inspiration from various sources, including the 1979 Nigerian
Constitution, the American presidential system, the British Westminster model, and elements of
Nigerian customary law. It seeks to strike a balance between these influences, incorporating
elements best suited to the Nigerian context while also drawing from established democratic
principles.

........

General Abdulsallam Abubakar took over as the head of state and established through the
Provisional ruling council a Constitution debate co-ordination committee (CDCC) led by Justice
Nikki Tobi J. C. A to organize a national debate on the 1995 draft constitution and also what want
to be included in the constitution. However, the provisional ruling council (PRC) decided the
inclusion of most sensitive issues of national importance.

The former head of state, General Abdulsallam Abubakar signed into law the federal republic of
Nigeria (promulgation) degree No 24 of 1999 which gave the 1999

constitution the legal backing. However, the decree stipulated that the constitution would not and
did not

come into effect until 5th May 1999.

KEY FEATURES:

Federal presidential system: Like its predecessor, the 1999 Constitution establishes a federal
system with a directly elected President as Head of State and Commander-in-Chief of the Armed
Forces. This system grants significant executiveThe separation of powers between the executive,
legislative, and judiciary branches of government. Each branch has distinct roles and
responsibilities, aimed y preventing excessive concentration of power and ensuring accountability.

Fundamental human rights: The Constitution expands upon the fundamental human rights
provisions of the 1979 Constitution, guaranteeing a broader range of individual liberties such as
freedom of religion, freedom of speech, and freedom of association. This emphasis on human
rights strengthens the framework for a democratic society.

Federalism: The Constitution strengthens the federal structure of Nigeria, defining the powers and
responsibilities of the federal government and the 36 states. This division of power aims to address
regional concerns and promote autonomy while maintaining national unity.

Independent judiciary: The Constitution further bolsters the independence of the judiciary,
granting the Supreme Court significant powers of judicial review. This strengthens the judiciary's
role as a check on the other branches of government and upholder of the Constitution.

Challenges and Ongoing Debates:

Despite its progressive features, the 1999 Constitution faces challenges. Issues like corruption,
insecurity, and economic inequality continue to plague Nigeria, raising questions about the
effectiveness of the Constitution in addressing these issues. Additionally, debates concerning
federalism, restructuring, and electoral reforms highlight the ongoing quest for a truly optimal
constitutional framework for Nigeria.

DIFFERENCE BETWEEN 1997 AND 1999 CONSTITUTION

CHAPTER 1

NOTABLE DIFFERENCES IN CHAPTER 1 INCLUDE

1. SECTION 3 OF THE 1979 CONSTITUTION HAS 19 STATES AND THEY ARE AS FOLLOWS: ABIA,
ADAMAWA, ANAMBRA, BAUCHI, BENDEL, BENUE, BORNO, CROSS RIVER, GONGOLA, IMO,
KADUNA, KANO, KWARA, LAGOS, NIGER, OGUN, ONDO, OYO, PLATEAU, RIVERS, SOKOTO.

WHILE THE 1999 CONSTITUTION HAS 36 STATES AS STATED IN SECTION 3(1) “THERE SHALL BE 36
STATES IN NIGERIA, THAT IS TO SAY, ABIA, ADAMAWA, AKWA IBOM, ANAMBRA, BAUCHI, BAYELSA,
BENUE, BORNO, CROSS RIVER, DELTA, EBONYI, EDO, EKITI, ENUGU, GOMBE, IMO, JIGAWA,
KADUNA, KANO, KATSINA, KEBBI, KOGI, KWARA, LAGOS, NASARAWA, NIGER, OGUN, ONDO,
OSUN, OYO, PLATEAU, RIVERS, SOKOTO, TARABA, YOBE AND ZAMFARA".

2. THE SECTION 5 IN 1979 CONSTITUTION DIFFERS FROM THAT OF THE 1999 CONSTITUTION. THE
SUBSECTIONS ENDED AT THREE WHILE IN THE 1999 CONSTITUTION THE SUBSECTION ENDED AT
FIVE. THE SUBSECTION 3 IN 1979 CONSTITUTION BECAME THE SUBSECTION 4 IN 1999
CONSTITUTION AND THE CONTENT OF SUBSECTION 3 IN 1979 CONSTITUTION DIFFERS FROM THAT
OF 1999 CONSTITUTION

3. THE 1999 CONSTITUTION (AS AMENDED) MADE PROVISIONS FOR LOCAL GOVERNMENT AREAS
IN SECTION 3(6) AND IT STATES THAT: THERE SHALL BE 768 LOCAL GOVERNMENT AREAS IN NGERA
AS SHOWN IN THE SECOND COLUMN OF PART 1 OF THE FIRST SCHEDULE TO THIS CONSTITUTION
AND SIX AREA COUNCLS AS SHOWN IN PART 2 OF THAT SCHEDULE.

4. THE 1999 CONSTITUTION (AS AMENDED) MADE PROVISIONS FOR SECTION5(5) WHILE 1979
CONSTITUTION DID NOT, AND THE SECTION STTATES THUS;

"NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (4) OF THIS SECTION, THE PRESIDENT, IN

CONSULTATION WITH THE NATIONAL DEFENCE COUNCIL, MAY DEPLOY MEMBERS OF THE ARMED
FORCES OF THE FEDERATION ON A LIMITED COMBAT DUTY OUTSIDE NIGERIA IF HE IS SATISFIED
THAT THE NATIONAL SECURITY IS UNDER IMMINENT THREAT OR DANGER".

5. THE 1999 CONSTITUTION MADE PROVISION FOR MORE NUMBER OF COURTS COMPARED TO
THAT OF 1979.

THE 1979 CONSTITUTION IN MADE PROVISION FOR 6 MAIN COURTS INCLUDING: THE SUPREME
COURT OF NIGERIA, THE FEDERAL COURT OF APPEALS, THE FEDERAL HIGH COURT, HIGHT COURT
OF A STATE, SHARIA COURT OF APPEALS OF A STATE, A CUSTOMARY COURT OF APPEAL OF A STATE
;

WHILE THE 1999 CONSTITUTION IN SECTION 6(5) MADE PROVISION FOR 3 ADDITIONAL COURTS
INCLUDING: THE HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA, THE SHARIA COURT OF
APPEAL OF THE FEDERAL CAPITAL TERRITORY ABUJA, THE CUSTOMARY COURT OF APPEA OF THE
FEDERAL CAPTAL TERRITORY, ABUJA;

6. SECTION 8 OF THE 1999 CONSTITUTION EXPANDS ON LOCAL GOVERNMENT MATTERS

INTRODUCING SUB-SECTION 3,4,5&6. IN CONTRAST, THE 1979 CONSTITUTION ONLY HIGHLIGHTS
TWO SUBSECTIONS IN THIS SECTION SHOWCASING A NOTABLE DIFFERENCE.

7. SECTION 11(4) HAD AN ADDITIONAL PROVISION IN THE 1999 CONSTITUTION AND IT STATES
THAT; "...PROVIDED THAT NOTHING IN THIS SECTION SHALL BE CONSTRUED AS CONFERRING ON
THE NATIONAL ASSEMBLY POWER TO REMOVE THE GOVERNOR OR THE DEPUTY GOVERNOR OF
THE STATE FROM OFFICE."
 CHAPTER II

In 1997 section(20), it was mentioned briefly that ‘the state shall protect and enhance Nigerian
culture’ while 1999 section(21), an elaborate interpretation was given on the Nigerian culture
‘protect,preserve and promote the Nigeria culture which enhance human dignity and are
consistent with the fundamental objective’ and ‘encourage development of technological and
scientific studies which enhance cultural values’

In 1997 section(16),the subsection ‘a’ was substituted with a new constitution in 1999 which states
‘harness the resources of the nation and promote national prosperity and an efficient,a dynamic
and self-reliant economy’

In 1997 section(22), it was stated that ‘the national ethic shall be discipline,self-reliance and
patriotism’ while in 1999 constitution Section(23) ‘the national ethics shall be
discipline,integrity,dignity of labour,social justice,religious tolerance,self-reliance and patriotism.

In 1997 constitution,there’s no provision for the duties of the citizens while in 1999 there are
provisions for duties of every citizen stated in section(24)”It shall be the duty of every citizen to-

(a)abide by this constitution,respect it ideals and its institutions,the national flag,the national
anthem,the national pledge and legitimate authorities;

(b)help to enhance the power,prestige and good name of Nigeria,defend Nigeria and render such
national service as may be required;

(c)respect the dignity of other citizens and the right and legitimate interests of others and live in
unity and harmony and in the spirit of common brotherhood;

(d)make positive and useful contribution to the advancement,progress and well-being of the
community where he resides;

(e)render assistance to appropriate and lawful agencies in the maintenance of law and order;and

(f)declare his income honestly to appropriate and lawful agencies and pay his tax promptly”.

.........

Chapter 2.

- In Chapter 16(1) of the 1997 constitution, the paragraph (a) of this subsection was substituted for
a new paragraph in the 1999 constitution, whilst the other subsections were listed thereunder: "(a)
harness the resources of the nation and promote national prosperity and an efficient, a dynamic
and self-reliant economy"

- A new paragraph identified as paragraph (h) which stated "the evolution and promotion of family
life is encouraged." was included which differentiate the subsection (3) of Chapter 17 of the 1999
and 1997 constitutions.

- It could be noted that while section 19 of both constitutions discussed the foreign policy
objectives, in was unduly segmented in the 1999 constitution.
- Also there was provision for environmental objectives in the 1999 constitution, but unfound in
the 1997's. This provision was provided for in Section 20 stated: "The State shall protect and
improve the environment and safeguard the water, air and land, forest and wild life of Nigeria."
and other sections listed thereunder.

- The scope of Nigerian culture which was stated in section 20 of the 1997 constitution, was
provided and given more elaboration in section 21 of the 1999 constitution.

- There's also provision for duties of the citizens in the 1999 constitution which is provisionally
unavailable in the 1997 constitution. This provision was stated in section 24 of the 1999
constitution: "It shall be the duty of every citizen to -

(a) abide by this Constitution, respect its ideals and its institutions, the National Flag, the National
Anthem, the National Pledge, and legitimate authorities;

(b) help to enhance the power, prestige and good name of Nigeria, defend Nigeria and render such
national service as may be required;

(c) respect the dignity of other citizens and the rights and legitimate interests of others and live in
unity and harmony and in the spirit of common brotherhood;

(d) make positive and useful contribution to the advancement, progress and well-being of the
community where he resides;

(e) render assistance to appropriate and lawful agencies in the maintenance of law and order; and

(f) declare his income honestly to appropriate and lawful agencies and pay his tax promptly."

......

The 1999 constitution & 1979 constitution differ due to several factors which may include changes
in societal contexts, political considerations and evolving legal perspectives.

Some of these differences include:

Section 16(1)a of the 1999 states

“ Harness the resources of the nation & promote national prosperity & an efficient, a dynamic &
self reliant economy.”

which wasn’t included in the 1979 constitution.

16(2) b states that”….that the material resources of the nation are harnessed & distributed as best
as possible to serve the common good.”

The word nation was formally community in the 1979 constitution of Nigeria.

Section 16(2) d. The word “welfare” is included in the list of things that should be provided for all
citizens in the 1999 constitution.
Section 17(3)h : “the evolution & promotion of family life is encouraged.” was added to the 1999
constitution.

Section 19 of the 1999 constitution gives a more detailed & enumerated list of foreign policy
objectives which include promotion & protection of national interests unlike the 1979 constitution.

The inclusion of the environmental objective in the 1999 Constitution of Nigeria is primarily
articulated in Chapter II, which covers the Fundamental Objectives and Directive Principles of State
Policy. This section outlines the state's commitment to protecting and improving the environment
for present and future generations. The Constitution emphasizes the prevention of environmental
degradation and the promotion of sustainable development. It provides a framework for the
government to take measures to address ecological issues, conserve natural resources, and ensure
a healthy environment for citizens.

It is not included as a section in the 1979 constitution but was introduced as section 20 in the 1999
constitution of Nigeria.

Section 21 of the 1999 constitution gives a more elaborate & enumerated mention of preserving
culture & encouragement of technology to enhance culture while it was just merely stated in the
1979 constitution in section 20.

The 1999 constitution chaper 2 includes a section 24 unlike the 1979 constitution.

This section enumerates the duty of every citizen of the nation.

CHAPTER III

The Nigeria's Constitution Of 1979 Chapter Three(3) Consist Of Seven(7) Sections While the 1999
Constitution consist of Eight(8) sections.

Both of them are headed by the title “CITIZENSHIP” but while the 1979 chapter begins with section
23, the 1999 chapter begins with section 25.

Here's a breakdown of Chapter 3, "Citizenship," in both the 1979 and 1999 Nigerian Constitutions,
highlighting key differences and similarities section by section.

DEFINITION OF NIGERIA AND CITIZENS:

1979 CONSTITUTION: SIMPLY DECLARES NIGERIA A SOVEREIGN STATE AND DEFINES ALL PERSONS
BORN WITHIN ITS TERRITORY AS CITIZENS.

1999 CONSTITUTION: MAINTAINS THE DEFINITION OF A SOVEREIGN STATE BUT EXPANDS THE
NOTION OF BIRTHRIGHT CITIZENSHIP TO INCLUDE CHILDREN BORN OUTSIDE NIGERIA TO AT LEAST
ONE NIGERIAN PARENT.
DIFFERENCE: THE 1999 CONSTITUTION EMBRACES "JUS SANGUINIS" (RIGHT OF BLOOD),
GRANTING AUTOMATIC CITIZENSHIP TO CHILDREN BORN ABROAD TO NIGERIAN PARENTS,
FOSTERING CONNECTIONS WITH THE DIASPORA.

ADDITIONAL CIRCUMSTANCES FOR ACQUIRING CITIZENSHIP:

1979 CONSTITUTION: INCLUDES DESCENT FROM NIGERIAN PARENTS AND REGISTRATION FOR
THOSE BORN IN NIGERIA WITH FOREIGN PARENTS.

1999 CONSTITUTION: SIMILAR, BUT SPECIFIES CONDITIONS FOR DESCENT ACQUISITION AND
INTRODUCES STRICTER REQUIREMENTS FOR REGISTRATION, INCLUDING RESIDENCY PERIODS AND
LANGUAGE PROFICIENCY.

DIFFERENCE: THE 1999 CONSTITUTION TIGHTENS REGISTRATION PROCEDURES AND INTRODUCES

NEW REQUIREMENTS, HIGHLIGHTING INCREASED GOVERNMENT DISCRETION IN GRANTING
CITIZENSHIP.

ACQUISITION AND LOSS OF CITIZENSHIP:

1979 CONSTITUTION: OUTLINES STRAIGHTFORWARD PROCEDURES FOR BOTH ACQUISITION AND

LOSS THROUGH REGISTRATION AND DEPRIVATION WITH DEFINED GROUNDS.

1999 CONSTITUTION: MAINTAINS CORE PROCEDURES BUT STRENGTHENS AUTHORITY DISCRETION

IN REGISTRATION AND ADDS DEPRIVATION GROUNDS FOR NATIONAL SECURITY OFFENSES AND
TERRORISM..

DIFFERENCE: THE 1999 CONSTITUTION GRANTS MORE POWER TO AUTHORITIES IN CERTAIN

PROCEDURES AND EXPANDS POTENTIAL REASONS FOR DEPRIVATION, RAISING CONCERNS ABOUT
POTENTIAL ABUSE OF DISCRETION.

DENIAL AND DEPRIVATION OF CITIZENSHIP:

1979 CONSTITUTION: SPECIFIES GROUNDS FOR DENYING CITIZENSHIP APPLICATIONS AND

DEPRIVING EXISTING CITIZENSHIP, FOCUSING ON SECURITY THREATS AND FALSE CLAIMS.

1999 CONSTITUTION: SIMILAR, BUT ADDS GROUNDS FOR DEPRIVATION ASSOCIATED WITH
TREASON AND TERRORISM OFFENSES, REFLECTING EVOLVING SECURITY

DIFFERENCE: THE 1999 CONSTITUTION EXPANDS DEPRIVATION GROUNDS BASED ON

CONTEMPORARY SECURITY CHALLENGES, RAISING POTENTIAL DEBATES ABOUT DUE PROCESS AND
POLITICAL MANIPULATION.

RIGHTS AND DUTIES OF CITIZENS:

1979 CONSTITUTION: BROADLY OUTLINES RIGHTS LIKE VOTING, PROPERTY OWNERSHIP, AND THE
DUTY TO OBEY THE LAW.
1999 CONSTITUTION: EXPANDS UPON RIGHTS AND DUTIES, INCLUDING EDUCATION,
PARTICIPATION IN GOVERNMENT, AND SERVICE TO THE COUNTRY.

DIFFERENCE: THE 1999 CONSTITUTION TAKES A MORE COMPREHENSIVE APPROACH,

EMPHASIZING SOCIAL AND POLITICAL RIGHTS ALONGSIDE TRADITIONAL OBLIGATIONS,
PROMOTING ACTIVE CITIZEN ENGAGEMENT.

MISCELLANEOUS PROVISIONS:

BOTH CONSTITUTIONS: DEAL WITH RENUNCIATION OF CITIZENSHIP, INTERPRETATION OF TERMS,

AND TRANSITIONAL ARRANGEMENTS WITH MINOR VARIATIONS.

DIFFERENCE: THE 1999 CONSTITUTION UPDATES PROCEDURAL ASPECTS AND LANGUAGE TO

REFLECT THE NEW CONSTITUTIONAL FRAMEWORK.

THE DIFFERENCE CAN ALSO BE SIGHTED BASED ON THE CONSTITUTION TEMPLATES.

THE CHAPTER 3 OF THE 1999 CONSTITUTION AND THE 1979 CONSTITUTION HAS A LOT OF
SIMILARITY WITH THE 1979 HAS IT WAS FOUND OUT,THAT THE 1999 CONSTITUTION IS AN
ADVANCE 1979 MEANING IT WAS AMENDED(SOME THINGS WERE ADDED OR SUBTRACTED FROM
IT)THIS CAN BE SAID TO BE WHAT BRINGS ABOUT THE SIMILARITY AS WELL AS THE DISIMILARITY
OF BOTH CONSTITUTION (1979&1999)

CONCLUSION:

THE 1979 AND 1999 CONSTITUTION ARE VERY SIMILAR IN NATURE, ESPECIALLY IN WORDS
AND CLAUSES. INFACT SOME SCHOLARS HAVE CONCLUDED THAT THE 1999 CONSTITUTION IS JUST
A REPLICA OF THE 1979 CONSTITUTION HOWEVER, THEY’RE SLIGHT DIFFERENCES IN THE POSITION
OF SECTIONS THAT DISCUSS THE SAME TOPICS. SUCH DIFFERENCES HAVE BEEN STATED ABOVE.

IN SUMMARY, CHAPTER 3 OF THE NIGERIAN CONSTITUTION TELLS A TALE OF EVOLVING NATIONAL

IDENTITY AND CITIZENSHIP ACROSS THE 1979 AND 1999 VERSIONS. THE 1979 VERSION LAID THE
GROUNDWORK WITH A BIRTHRIGHT-CENTRIC APPROACH, CONFINED WITHIN TERRITORIAL
BORDERS. THE 1999 UPDATE, HOWEVER, PAINTS A BROADER CANVAS, EMBRACING BLOOD TIES
BEYOND BORDERS AND ACKNOWLEDGING DIVERSE PATHWAYS TO BELONGING. IT STRENGTHENS
LEGAL SAFEGUARDS, EMPOWERS CITIZENS WITH EXPANDED RIGHTS AND DUTIES, AND REFLECTS A
NATION STRIVING FOR A MORE INCLUSIVE AND ENGAGED CITIZENRY. HOWEVER, CHALLENGES
REMAIN IN FULLY REALIZING THIS CONSTITUTIONAL VISION, NECESSITATING ONGOING VIGILANCE
AND EFFORTS TO BRIDGE THE GAP BETWEEN ASPIRATIONS AND REALITIES. ULTIMATELY, CHAPTER
3 STANDS AS A TESTAMENT TO NIGERIA'S JOURNEY TOWARDS A MORE ENCOMPASSING AND
DYNAMIC UNDERSTANDING OF CITIZENSHIP, OFFERING BOTH PROGRESS AND PROMISES FOR THE
FUTURE.
 CHAPTER IV

IN 1979 CONSTITUTION, THERE ARE 13 SECTIONS( FROM 30-42) WHILE IN 1999 CONSTITUTION,
THERE ARE 14 SECTIONS (FROM 33 TO 46).

THE ADDITION WAS THE SECTION 43 OF 1999 CONSTITUTION WHICH STATES THAT "SUBJECT TO
THE PROVISIONS OF THIS CONSTITUTION, EVERY CITIZEN OF NIGERIA SHALL HAVE THE RIGHT TO
ACQUIRE AND OWN IMMOVABLE PROPERTY ANYWHERE IN NIGERIA".

ALL OTHER ITEMS REMAINED THE SAME

CHAPTER V

THE LEGISLATURE

*PART 1*

NATIONAL ASSEMBLY

*A - COMPOSITION AND STAFF OF HOUSE OF ASSEMBLY*

-IN 1979 CONSTITUTION CHAPTER V PART 1 STARTED FROM SECTION 43 TO SECTION 83 (S43 - S83)
WHILE IN 1999 CONSTITUTION IT STARTED IN SECTION 47 TO SECTION 89(S47 - S89

THE DIFFERENCE ARE WHAT WILL BE HIGHLIGHTED BELOW :

-THE SECTION 47 OF THE 1999 CONSTITUTION IS TITLED ESTABLISHMENT TO THE NATIONAL

ASSEMBLY WHEREAS THE SECTION 43 OF THE 1979 CONSTITUTION IS ALSO HAVING THE SAME
TITLE BUT THE SECTION NUMBERS DIFFER. HOWEVER, INSPITE OF THE DIFFERENCE IN SECTION
NUMBER THE CONTENT OF THE SECTIONS IN THE TWO CONSTITUTION ARE THE SAME.

SECTION 47 OF THE 1999 CONSTUTION AND THE SECTION 43 OF THE 1979 CONSTITUTION STATES
THAT THERE SHALL BE A NATIONAL ASSEMBLY FOR THE FEDERATION WHICH SHALL CONSIST OF A
SENATE AND A HOUSE REPRESENTATIVES.

- SECTION 44 OF 1979 CONSTITUTION PROVIDED FOR 5 SENATORS FROM EACH STATE AS THE
COMPOSITION OF THE SENATE WHILE IN SECTION 48 OF 1999 CONSTITUTION PROVIDED FOR 3
SENATORS EACH FROM EACH STATE

- SECTION 45 OF 1979 CONSTITUTION PROVIDED FOR 450 MEMBERS OF HOUSE OF

REPRESENTATIVE WHILE SECTION 49 OF 1999 CONSTITUTION PROVIDES FOR 360 MEMBERS OF
HOUSE OF REPRESENTATIVE

- SECTION 48 OF 1979 CONSTITUTION PROVIDED FOR EVERY MEMBER OF NATIONAL ASSEMBLY TO

TAKE OATH AND THE OATH WAS PRESCRIBED IN 6TH SCHEDULE WHILE IN SECTION 52 (1) OF1999
CONSTITUTION THE OATH IS PRESCRIBED IN 7TH SCHEDULE

- SECTION 52(2) OF 1999 CONSTITUTION MAKE PROVISION FOR DECLARATION OF ASSET AND
LIABILITIES WHILE 1979 CONSTITUTION DOES NOT MAKE PROVISION FOR THIS

- SECTION 50 OF 1979 CONSTITUTION PROVIDED FOR TWO SECTIONS TO DETERMINE QUORUM

WHILE 1999 MAKE PROVISION FOR 4 SECTIONS
- SECTION 53 OF 1979 CONSTITUTION PROVIDED FOR 57. ANY PERSON WHO SITS OR VOTES IN THE
SENATE OR THE HOUSE OF REPRESENTATIVES KNOWING OR

HAVING REASONABLE GROUNDS FOR KNOWING THAT HE IS NOT ENTITLED TO DO SO COMMITS

AN OFFENCE SHALL UPON CONVICTION BE LIABLE TO A TERM OF IMPRISONMENT NOT EXCEEDING
6MONTHS OR A FINE NOT EXCEEDING #1000 WHILE IN 1999 CONSTITUTION THE OFFENDER SHALL
BE PUNISHED AS PRESCRIBED BY THE ACT OF NATIONAL ASSEMBLY

*C - QUALIFICATIONS FOR MEMBERSHIP OF NATIONAL ASSEMBLY AND RIGHT OF ATTENDANCE*

- SECTION 61(A) OF 1979 CONSTITUTION PROVIDED FOR ANYONE TO BE ELECTED AS A MEMBER OF

SENATE THE PERSON MUST ATTAIN 30 YRS AND MUST BE A NIGERIAN WHILE SECTION 65(1) (A) OF
1999 CONSTITUTION PROVIDES FOR THE PERSON TO BE 35 YRS

- SECTION 61(B) OF 1979 CONSTITUTION PROVIDED FOR ANYONE TO BE ELECTED AS A MEMBER OF

HOUSE OF REPRESENTATIVE THE PERSON MUST ATTAIN 21 YRS AND MUST BE A NIGERIAN WHILE
SECTION 65(1)(B) OF 1999 CONSTITUTION PROVIDES FOR THE PERSON TO BE 30 YRS

-SECTION 65 (2)(A) AND (B) OF 1999 CONSTITUTION PROVIDED FOR EDUCATIONAL

QUALIFICATIONS REQUIRED AND MUST BE MEMBER OF A POLITICAL PARTY WHICH WILL SERVE AS
THE SPONSOR RESPECTIVELY

- SECTION 69 OF 1999 CONSTITUTION PROVIDES FOR RECALL OF MEMBERS OF NATIONAL

ASSEMBLY WHILE 1979 DOES NOT PROVIDE FOR RECALL

- SECTION 70 OF 1999 CONSTITUTION PROVIDES FOR HOW REMUNERATION OF SENATE AND

HOUSE OF REPRESENTATIVE WILL BE DETERMINED BY REVENUE MOBILISATION ALLOCATION AND
FISCAL COMMISSION WHILE THIS WAS NOT PROVIDED IN 1979 CONSTITUTION

*D ELECTIONS TO NATIONAL ASSEMBLY*

- SECTION 65 (A) OF 1979 CONSTITUTION PROVIDED FOR EACH STATE TO BE DIVIDED INTO 5
SENATORIAL DISTRICTS FOR ELECTION OF SENATE WHILE SECTION 71(A)OF 1999 CONSTITUTION
PROVIDED FOR EACH STATE TO BE DIVIDED INTO 3 SENATORIAL DISTRICTS

- SECTION 65 (B) OF 1979 CONSTITUTION DIVIDED FEDERATION INTO 450 FEDERAL

CONSTITUENCIES FOR HOUSE OF REPRESENTATIVE ELECTION WHILE SECTION 71 (B) DIVIDE THE
FEDERATION INTO 360 FEDERAL CONSTITUENCIES

- SECTION 67 OF 1979 CONSTITUTION RECOGNIZE FEDERAL ELECTORAL COMMISSION (FEDECO) AS

THE ELECTORAL BODY IN CHARGE OF PERIODICAL REVIEW OF SENATORIAL DISTRICTS AND
FEDERAL CONSTITUENCIES WHILE SECTION 73 OF 1999 CONSTITUTION RECOGNIZES INDEPENDENT
NATIONAL ELECTORAL COMMISSION (INEC)

- SECTION 69 OF THE 1979 CONSTITUTION MADE PROVISION FOR THIS USE OF 1963 CENSUS FOR
ASCERTAINMENT OF POPULATION WHILE SECTION 75 OF 1999 CONSTITUTION PROVIDES FOR THE
USE OF 1991 CENSUS FOR ASCERTAINMENT OF POPULATION
- SECTION 70(1)OF 1979 CONSTITUTION PROVIDED FOR FEDERAL ELECTORAL COMMISSION TO
PICK ELECTION DATE WHILE SECTION 76(1) OF 1999 CONSTITUTION PROVIDES FOR INDEPENDENT
NATIONAL ELECTORAL COMMISSION TO PICK ELECTION DATE

SECTION 72 OF 1979 CONSTITUTION PROVIDED FOR FEDERAL ELECTORAL COMMISSION TO

SUPERVISE ELECTORAL PROCESS WHILE SECTION 78 OF 1999 CONSTITUTION PROVIDES FOR
INDEPENDENT NATIONAL ELECTORAL COMMISSION TO SUPERVISE ELECTORAL PROCESS

*E - POWERS AND CONTROL OVER PUBLIC FUNDS*

SECTION 81 OF 1999 CONSTITUTION PROVIDES FOR ANY AMOUNT STANDING TO THE CREDIT OF
THE JUDICIARY IN THE CONSOLIDATED REVENUE FUND OF

THE FEDERATION SHALL BE PAID DIRECTLY TO THE NATIONAL JUDICIAL COUNCIL FOR
DISBURSEMENT TO THE

HEADS OF THE COURTS ESTABLISHED FOR THE FEDERATION AND THE STATE WHILE 1979
CONSTITUTION DOES NOT MAKE PROVISION FOR THIS

CHAPTER VI

IN EXAMINING CHAPTER 6 OF BOTH THE 1979 AND 1999 CONSTITUTIONS OF NIGERIA, FOCUSING
ON THE JUDICIAL SYSTEM REVEALS NUANCED DISTINCTIONS.

A) THE 1979 CONSTITUTION DESIGNATED A CHIEF JUSTICE OF NIGERIA, WHILE THE 1999
CONSTITUTION SHIFTED TO THE ESTABLISHMENT OF A SUPREME COURT, ALTERING THE APEX
JUDICIAL ROLE.

B) A NOTABLE EVOLUTION OCCURRED IN THE 1999 CONSTITUTION WITH THE INTRODUCTION OF

THE NATIONAL JUDICIAL COUNCIL, TASKED WITH BOTH THE APPOINTMENT AND DISCIPLINE OF
JUDGES—AN ORGANIZATIONAL ASPECT ABSENT IN ITS 1979 PREDECESSOR.

C) UNLIKE THE 1979 CONSTITUTION, THE 1999 VERSION INTRODUCED A CRUCIAL SPECIFICITY—
FIXED TENURES FOR JUDGES, PROVIDING A CLEAR FRAMEWORK FOR THEIR SERVICE.

D) SIGNIFICANTLY BROADENING JUDICIAL POWERS, THE 1999 CONSTITUTION INCORPORATED THE

ESTABLISHMENT OF A COURT OF APPEAL, A TRANSFORMATIVE ADDITION ABSENT IN THE 1979
COUNTERPART.

E) ANOTHER DISCREET BUT IMPACTFUL CHANGE IS THE EXPLICIT MENTION IN THE 1999
CONSTITUTION OF THE FEDERAL HIGH COURT AND STATE HIGH COURTS, STRUCTURES NOT
EXPLICITLY OUTLINED IN THE 1979 CONSTITUTION.

F) ADDING TO THE CONSTITUTIONAL TAPESTRY, THE 1999 CONSTITUTION WOVE IN THE

FUNDAMENTAL RIGHTS ENFORCEMENT PROCEDURE, ENABLING INDIVIDUALS TO SEEK REDRESS
FOR FUNDAMENTAL RIGHTS VIOLATIONS—AN INSTRUMENTAL FEATURE NOT PRESENT IN THE 1979
CONSTITUTION.
IN A CULMINATING OBSERVATION, THE COMPARATIVE EXPLORATION OF CHAPTER 6 IN THESE TWO
CONSTITUTIONAL EPOCHS UNVEILS A NUANCED EVOLUTION IN NIGERIA'S JUDICIAL LANDSCAPE.
THE TRANSITION FROM A CHIEF JUSTICE TO A SUPREME COURT, THE ESTABLISHMENT OF THE
NATIONAL JUDICIAL COUNCIL, THE SPECIFICATION OF JUDGES' TENURE, THE AMPLIFICATION OF
JUDICIAL POWERS, AND THE EXPLICIT RECOGNITION OF SPECIALIZED COURTS COLLECTIVELY
UNDERSCORE THE DYNAMIC GROWTH IN THE CONSTITUTIONAL APPROACH TO JUSTICE.

................

THE 1979 AND 1999 CONSTITUTIONS OF NIGERIA BOTH HAVE A CHAPTER 6, WHICH IS ABOUT THE
JUDICIAL SYSTEM. HOWEVER, THERE ARE SOME DIFFERENCES BETWEEN THE TWO.

A)THE 1979 CONSTITUTION HAD A CHIEF JUSTICE OF NIGERIA, WHILE THE 1999 CONSTITUTION
REPLACED THAT POSITION WITH A SUPREME COURT.

B)THE 1999 CONSTITUTION INTRODUCED THE NATIONAL JUDICIAL COUNCIL, WHICH IS

RESPONSIBLE FOR THE APPOINTMENT AND DISCIPLINE OF JUDGES.

C) IN THE 1979 CONSTITUTION, THE TENURE OF JUDGES WAS NOT SPECIFIED, WHILE THE 1999
CONSTITUTION INTRODUCED A FIXED TENURE FOR JUDGES

D)THE 1999 CONSTITUTION EXPANDED ON THE POWERS OF THE JUDICIARY AND PROVIDED FOR
THE ESTABLISHMENT OF A COURT OF APPEAL.

E)THE 1999 CONSTITUTION PROVIDES FOR THE ESTABLISHMENT OF A FEDERAL HIGH COURT AND
STATE HIGH COURTS, WHICH WERE NOT EXPLICITLY MENTIONED IN THE 1979 CONSTITUTION.

F)ADDITIONALLY, THE 1999 CONSTITUTION INTRODUCED THE CONCEPT OF THE FUNDAMENTAL

RIGHTS ENFORCEMENT PROCEDURE, WHICH ALLOWS INDIVIDUALS TO SEEK REDRESS FOR
VIOLATIONS OF THEIR FUNDAMENTAL RIGHTS.

.......

COMPARING CHAPTER 6 OF THE 1979 NIGERIAN CONSTITUTION AND CHAPTER 6 OF THE 1999
NIGERIAN CONSTITUTION, BOTH OF WHICH FOCUS ON THE JUDICIAL SYSTEM. HERE ARE THE
DIFFERENCES BETWEEN THE TWO CHAPTERS:

1. STRUCTURE: THE STRUCTURE AND ORGANIZATION OF THE CHAPTERS DIFFER BETWEEN THE
TWO CONSTITUTIONS. THE 1979 CONSTITUTION HAD A SINGLE CHAPTER TITLED "THE JUDICIARY,"
WHILE THE 1999 CONSTITUTION DIVIDES CHAPTER 6 INTO MULTIPLE SECTIONS, EACH ADDRESSING
DIFFERENT ASPECTS OF THE JUDICIARY.

2. JUDICIAL POWERS: IN THE 1979 CONSTITUTION, THE CHAPTER OUTLINED THE POWERS AND
JURISDICTION OF THE COURTS, INCLUDING THE SUPREME COURT, COURT OF APPEAL, AND HIGH
COURTS. THE 1999 CONSTITUTION ALSO COVERS THESE COURTS BUT PROVIDES MORE DETAILS ON
THEIR COMPOSITION, APPOINTMENT, AND QUALIFICATIONS OF JUDGES.

3. CREATION OF ADDITIONAL COURTS: THE 1999 CONSTITUTION INTRODUCED THE

ESTABLISHMENT OF SPECIALIZED COURTS, SUCH AS THE NATIONAL INDUSTRIAL COURT, SHARIA
COURT OF APPEAL, AND CUSTOMARY COURT OF APPEAL. THESE COURTS WERE NOT SPECIFICALLY
MENTIONED IN THE 1979 CONSTITUTION.

4. JUDICIAL SERVICE COMMISSION: THE 1999 CONSTITUTION ESTABLISHES A JUDICIAL SERVICE

COMMISSION, RESPONSIBLE FOR THE APPOINTMENT, PROMOTION, AND DISCIPLINE OF JUDICIAL
OFFICERS. THIS COMMISSION WAS NOT MENTIONED IN THE 1979 CONSTITUTION.

5. FUNDAMENTAL RIGHTS ENFORCEMENT PROCEDURE: THE 1999 CONSTITUTION INCLUDES A

SECTION ON THE PROCEDURE FOR ENFORCING FUNDAMENTAL HUMAN RIGHTS, WHICH WAS NOT
PRESENT IN THE 1979 CONSTITUTION.

6. APPOINTMENT OF JUDGES: THE 1979 CONSTITUTION ALLOWED FOR THE APPOINTMENT OF

JUDGES BY THE PRESIDENT, WHILE THE 1999 CONSTITUTION INTRODUCED THE NATIONAL JUDICIAL
COUNCIL, WHICH PLAYS A ROLE IN THE APPOINTMENT AND DISCIPLINE OF JUDGES.

7. JUDICIAL INDEPENDENCE: THE 1999 CONSTITUTION EMPHASIZES THE INDEPENDENCE OF THE

JUDICIARY AND SAFEGUARDS AGAINST INTERFERENCE FROM OTHER BRANCHES OF GOVERNMENT
MORE EXPLICITLY THAN THE 1979 CONSTITUTION.

8. JUDICIAL REVIEW: THE 1999 CONSTITUTION INTRODUCED PROVISIONS FOR JUDICIAL REVIEW,
ALLOWING THE COURTS TO REVIEW THE CONSTITUTIONALITY OF LAWS AND GOVERNMENT
ACTIONS, WHICH WAS NOT EXPLICITLY STATED IN THE 1979 CONSTITUTION.

THESE ARE SOME OF THE KEY DIFFERENCES BETWEEN CHAPTER 6 OF THE 1979 NIGERIAN
CONSTITUTION AND CHAPTER 6 OF THE 1999 NIGERIAN CONSTITUTION,BOTH OF WHICH FOCUS
ON THE JUDICIAL SYSTEM.

CHAPTER VII

CHAPTER 7
CHAPTER 7 OF THE 1979 CONSTITUTION AND CHAPTER 7 OF THE 1999 CONSTITUTION BOTH DEAL
WITH THE JUDICATURE (JUDICIARY) . HOWEVER, SINCE THE 1979 CONSTITUTION WAS REPLACED
BY THE 1999 CONSTITUTION, THERE ARE SOME DIFFERENCES BETWEEN THE TWO CHAPTERS.

APPOINTMENT OF JUSTICES OF THE SUPREME COURT

-SECTION 210(2)(B) OF THE 1979

CONSTITUTION OF NIGERIA STATES THAT THE NUMBER OF THE SUPREME COURT JUSTICE SHOULD
NOT EXCEED 15.

-SECTION 230(2)(B) OF THE 1999 CONSTITUTION STATES THAT THE NUMBER OF THE SUPREME
COURT JUSTICE SHOULD NOT EXCEED 21.

-SECTION 211 (1) OF THE 1979

CONSTITUTION OF NIGERIA STATES THAT THE APPOINTMENT OF A PERSON TO THE OFFICE OF

CHIEF JUSTICE OF NIGERIA SHALL BE MADE BY THE PRESIDENT IN HIS DISCRETION SUBJECT TO
CONFIRMATION OF SUCH APPOINTMENT BY A SIMPLE MAJORITY OF THE SENATE.

-SECTION 231(1) OF THE 1999 CONSTITUTION STATES THAT THE THE APPOINTMENT OF A PERSON
TO THE OFFICE OF CHIEF JUSTICE OF NIGERIA SHALL BE MADE BY THE PRESIDENT ON THE
RECOMMENDATION OF THE NATIONAL JUDICIAL COUNCIL SUBJECT TO CONFIRMATION OF SUCH
APPOINTMENT BY THE SENATE.

ESTABLISHMENT OF FEDERAL COURT OF APPEAL

-SECTION 217 (2)(B) OF THE 1979 CONSTITUTION OF NIGERIA STATES THAT THE NUMBER OF
JUSTICES OF THE FEDERAL COURT OF APPEAL,SHOULD NOT BE LESS THAN 15.

-SECTION 237 (2)(B)OF THE 1999 CONSTITUTION STATES THAT SUCH NUMBER OF JUSTICES OF THE
COURT OF APPEAL, SHOULD NOT BE LESS THAN FORTY-NINE

-SECTION 219 OF THE 1979 CONSTITUTION OF NIGERIA STATES THE FEDERAL COURT OF APPEAL
SHALL HAVE JURISDICTION , TO THE EXCLUSION OF ANY OTHER COURT OF LAW IN NIGERIA, TO
HEAR AND DETERMINE APPEALS FROM THE FEDERAL HIGH COURT, HIGH COURT OF A STATE,
SHARIA COURT OF APPEAL OF A STATE AND CUSTOMARY

COURT OF APPEAL OF A STATE.

-SECTION 240 OF THE 1999 CONSTITUTION STATES THAT SUBJECT TO THE PROVISIONS OF THIS
CONSTITUTION, THE COURT OF APPEAL SHALL HAVE JURISDICTION TO THE EXCLUSION OF ANY
OTHER COURT OF LAW IN NIGERIA, TO HEAR AND DETERMINE APPEALS FROM THE FEDERAL HIGH
COURT, THE HIGH COURT OF THE FEDERATION CAPITAL TERRITORY, ABUJA, HIGH COURT OF A
STATE, SHARIA COURT OF APPEAL OF THE FEDERAL CAPITAL TERRITORY, ABUJA,
SHARIA COURT OF APPEAL OF A STATE, CUSTOMARY COURT OF APPEAL OF A STATE AND FROM
DECISIONS OF A COURT MARTIAL OR OTHER TRIBUNALS AS MAY BE PRESCRIBED BY AN ACT OF
THE NATIONAL ASSEMBLY.

ON PRACTICE AND PROCEDURE

-SECTION 233. OF THE 1979

CONSTITUTION OF NIGERIA STATES THE NATIONAL ASSEMBLY MAY BY LAW MAKE PROVISIONS
WITH RESPECT TO PRACTICE AND PROCEDURE OF THE FEDERAL HIGH COURT (INCLUDING THE
SERVICE AND EXECUTION OF ALL CIVIL AND AND CRIMINAL PROCESSES OF THE COURT ); AND
UNTIL OTHER PROVISIONS ARE MADE BY THE NATIONAL ASSEMBLY , THE JURISDICTION HEREBY
CONFERRED UPON THE FEDERAL HIGH COURT SHALL BE EXERCISED IN ACCORDANCE WITH THE
PRACTICE AND PROCEDURE FOR THE TIME IN BEING IN FORCE IN RELATION TO A HIGH COURT OF A
STATE OR ANY OTHER COURT WITH LIKE JURISDICTION .

-SECTION 254 OF THE 1999 CONSTITUTION STATES THAT SUBJECT TO THE PROVISIONS OF ANY ACT
OF THE NATIONAL ASSEMBLY, THE CHIEF JUDGE OF THE FEDERAL HIGH COURT MAY MAKE RULES
FOR REGULATING THE PRACTICE AND PROCEDURE OF THE FEDERAL HIGH COURT.

CHAPTER VIII

FEDERAL CAPITAL TERRITORY, ABUJA AND GENERAL SUPPLEMENTARY PROVISIONS.

Chapter Viii of the Nigerian Constitution deals with the rules guiding the Federal Capital Territory
(FCT) and some additional rules.

In 1979, this chapter was titled Federal Capital Territory and General Supplementary Provisions. In
1999, it evolved into Federal Capital Territory, Abuja and General Supplementary Provisions.
Comparing these chapters provides a clearer understanding of the differences between the 1979 and
the 1999 constitutions, giving a clearer picture of how things have evolved in the 1999 constitution.

The differences are as follows:

1. Section 302 of the 1999 constitution which provides for the appointment of the minister of the
FCT was excluded in the 1979 constitution.

2. Section 303 of the 1999 constitution provides for the administration of the Federal Capital
territory, Abuja. Section 304 provides the establishment of the judicial service committee of the
Federal Capital territory, Abuja which is absent in the 1979 constitution.

3. Section 264 of the 1979 constitution and section 301 of the 1999 constitution provides for the
adaptation of references which the differences lie in the referenced section, where the 1979
referenced section 263 the 1999 constitution referenced section 299.

4. Section 264 (A) and (B) of the 1979 constitution was omitted in the 1999 constitution.

TRANSITIONAL PROVISIONS AND SAVINGS

1. Section 268 of the 1979 constitution and Section 309 of the 1999 provides that individuals who
acquired Nigerian citizenship through birth, registration, or naturalization under the previous
constitution shall continue to be a citizen under this constitution with the differences lying in the
referenced section, where the 1979 referenced section 26 and the 1999 constitution referenced
section 28.

2. Section 269 (1) of the 1979 constitution and Section 310 (1) provides for the process of appointing
the Clerk or other staff of a legislative house in Nigeria with the distinctions found in the referenced
section, where the 1979 constitution referenced Section 47 or 87, the 1999 constitution referenced
section 51 or 93.

3. Section 270 (1) of the 1979 and Section 311(1) of the 1999 constitution provides for the Standing
Orders where the differences lie in the referenced section, where the 1979 constitution referenced
section 56 or 95, the 1999 constitution referenced section 60 or 101.

4. The 1999 constitution, section 311(4) adds the standing order provisions for the House of
Assembly of States. There’s no provision for this in the 1979 constitution section 270

5. While the former constitution referred to in the 1999 constitution 311(6) is the 1979 constitution,
the former constitution referred to in the 1979 constitution section 270(5) was the 1963 constitution

6. In the subject of system of revenue allocation, the financial year stated in the 1999 constitution
section 313 is January 1st 1998 and ending on 31st December 1998 but in the 1979, it was to be 1st
April 1978 and ending on March 1979.

7. In section 274(5) of the 1979 constitution and 315(5)of the 1999 constitution, both on the subject
of existing laws:Modification. The Public Complaints Commission Act, National Security Agencies Act
and the Land use Act were still referred to as Decrees in the 1979 constitution. This means the
Decrees had passed as an Act of the National Assembly.

INTERPRETATION, CITATION AND COMMENCEMENT

1. In interpreting and defining some key words stated in the constitution (i.e section 277 in 1979
constitution and section 318 in the 1999 constitution);

a. ‘Area council’ was added in the 1999 constitution

b. Stating what a ‘financial year’ would mean was provided as ‘any period of 12 months beginning on
the 1st day of April in any year or such other date as the National Assembly may prescribe’ in the
1979 constitution while in the 1999 constitution it was stated as ‘any period within the period of 12
months on the first day of January in any year or such other date prescribed by the National
Assembly may prescribe’

c. ‘high court’ wasn’t included in this section of the 1999 constitution

d. ‘Local government area’ wasn’t included in the 1979 as it was in the 1999 constitution

e. ‘oath of allegiance’ was prescribed in the sixth schedule of the 1979 constitution and prescribed in
the seventh schedule of the 1999 constitution

f. ‘School certificate or its equivalent’ and ‘secret society’ is explained and what constitutes it is
included in the 1999 constitution. This was absent in the 1979 constitution.
2. The 1999 constitution is to be cited as ‘Constitution of the Federal Republic of Nigeria 1999’. The
1979 constitution is cited as ‘Constitution of the Federal Republic of Nigeria, 1979.

3. The provisions of the 1999 constitution came in force on 29th May 1999. The provisions of the
1979 constitution except section 262 came in force on 1st October 1979.

SCHEDULE

DIFFERENCE BETWEEN THE SCHEDULES IN 1979 AND 1999 CONSTITUTION

1a. FIRST SCHEDULE (part 1)- States of the federation

*As at the1979 constitution, there were 19 stated in Nigeria . The 1999 constitution created 17
new states making it a total of 36 states. The new states created include: Taraba, Yobe, Zanfara,
Osun, Nasarawa, Kastina, Kebbi, Jigawa, Eboyin, Edo, Ekiti, Enugu, Delta, Bayelsa, Abia, Adamawa,
Akwa-ibom.

*In the 1999 constitution, Gongola-Yola and Bendel- Benin city were changed and expanded to
form new states.

2a. SECOUND SCHEDULE (part 1)- Exclusive legislative list

*The Exclusive list of the 1999 constitution contained 68 items as 3 new items were added
including:

No.4 - Award of national honours, decoration and other dignitaries

No.14- Creation of states

No.51- Public Holidays

*The Exclusive list of the 1979 constitution contained 66 items of which No.61 was removed -
Trigonometrical cadastral and topographical surveys

2b. SECOUND SCHEDULE (part 2)- Concurrent legislative list

*The concurrent list in 1999 constitution contained 30 items of which No.26&27 were added

*The concurrent list in 1979 constitution contained 28 items

3a. THIRD SCHEDULE (Part 1)- Federal Executive bodies

*The list of Federal Executive bodies for the 1999 constitution are from item A-N i.e 5 new bodies
were added to the list including: Code of conduct Bureau, Federal character commission,
Independent national electoral commission, revenue mobilisation allocation and fiscal
commission, National judicial council.
*The list of Federal Executive bodies for the 1979 constitution are from item A-I

3b. THIRD SCHEDULE (part 2)- state Executive bodies

* The state Executive bodies in 1999 constitution are 3 (A-C), with the state council of chiefs
removed

*The state Executive bodies in 1979 are 4 (A-D)

3c. THIRD SCHEDULE (Part 3) - Federal Capital Territory, Abuja executive body

*section 304 of the 1999 constitution established the judicial service committee of the federal
capital territory, Abuja.

*This was not in existence in the 1979 constitution

4. FOURTH SCHEDULE

*All items in both 1999 and 1979 constitution remained the same

5a. FIFTH SCHEDULE (part 1) - Code of conduct for public officers

* The 1999 constitution contained 19 code of conduct as the subsection for Code of conduct
Bureau was scrapped out

*The 1979 constitution contained 21 code of conducts as it includes provision for code of conduct
bureau

6a. SIXTH SCHEDULE OF 1979 ANS SEVENTH SCHEDULE OF 1997 - Paths

Remained the same

7a. SIXTH SCHEDULE OF 1999 made provision for election tribunals including National assembly
election tribunal, Governorship and legislative house election tribunal.

In conclusion, the evolution of the 1979 and 1999 constitutions of Nigeria reflects the nation's
journey towards a stable framework of governance. From the inception of constitutional
development to the present, the 1979 constitution stood as a pivotal document, characterized by its
attempt to address the diverse needs of the nation. Though it had notable advantages, such as its
emphasis on fundamental human rights, it faced criticism for certain weaknesses, including a lack of
clarity in the separation of powers.
The transition to the 1999 constitution marked another milestone, adapting some elements from the
1979 constitution. While it aimed to rectify past shortcomings, it too had its strengths and
weaknesses. The enhanced focus on federalism and local governance was a positive shift, but
concerns existed regarding the concentration of power at the central level (which could be said to be
attributed to the constant growth of the powers of the executive).

The distinctions between the two constitutions lie in specific details, with the 1999 constitution
attempting to refine the foundations laid by the 1979 constitution. However, acknowledging their
similarities is also as important, as the latter drew inspiration from the former. Noteworthy parallels
include the protection of fundamental rights and the establishment of a Presidential, Republican
system, as well as Separation of powers and Citizenship processes and procedures.

In essence, Nigeria's constitutional journey portrays a continuous effort to craft a framework of

governance in order to suit its dynamic needs. The relationship that subsists and is evident between
historical context and the pros and cons of both constitutions undeniably reflects the dynamic nature
of the political, economic and social landscape of the nation and its commitment to progress and the
welfare of its people.

REFERENCEs:
1. The New Oxford American Dictionary, Second Edn., Erin McKean (editor), 2051 pp.,
2005, Oxford University Press, ISBN 0-19-517077-6.
2. R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3 Archived
March 5, 2017, at the Wayback Machine, [207]
3. Pylee, M.V. (1997). India's Constitution. S. Chand & Co. p. 3. ISBN 978-81-219-0403-
2.
4. "Constitution Rankings". Comparative Constitutions Project. Retrieved June 5, 2016.
5. "Constitution of India". Ministry of Law and Justice of India. July 2008. Archived from
the original on February 23, 2015. Retrieved December 17, 2008.
6. The 1999 constitution of the federal republic of Nigeria
7. The 1997 constitution of the federal republic of Nigeria