Understanding the Supremacy of the Constitution in Nigeria

Understanding the Supremacy of the Constitution in Nigeria

The idea of a supreme law, one that stands above all other statutes and dictates the very structure and operation of government, is fundamental to any true democracy. In Nigeria, this bedrock principle is enshrined in its grundnorm – the Constitution of the Federal Republic of Nigeria, 1999 (as amended). This document is not merely a collection of laws; it is the supreme will of the Nigerian people, designed to guide their collective destiny, ensure justice, promote welfare, and consolidate national unity. Its supremacy means that every action, every law, every institution, and every individual within the Nigerian state must derive its legitimacy and operate within the bounds set by this singular, foundational document.

Nigeria’s journey to constitutional supremacy has been a complex and often tumultuous one, marked by periods of democratic governance interspersed with military interventions that challenged the very notion of a supreme law. However, with each return to civilian rule, the commitment to constitutionalism has been re-affirmed, solidifying the Constitution’s position as the ultimate authority. This blog post delves into the multifaceted concept of constitutional supremacy in Nigeria, exploring its definition, historical evolution, explicit constitutional provisions, the pivotal role of the judiciary in its enforcement, and the persistent challenges and vital mechanisms for its safeguarding.

I. The Concept of Constitutional Supremacy: The Unyielding Apex of Law

At its core, constitutional supremacy denotes that the Constitution is the highest law of the land, to which all other laws and government actions must conform. This is in stark contrast to systems of parliamentary supremacy, where the legislature holds ultimate legal authority and its enactments cannot be challenged by the courts on grounds of constitutionality. In Nigeria, the Constitution dictates the distribution of powers, outlines fundamental rights, establishes institutions, and sets the rules for governance.

The principle of constitutional supremacy in Nigeria is built on several foundational pillars:

• Rule of Law: This implies that all persons and institutions, whether private or public, are bound by and accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. The Constitution, being the supreme law, is the ultimate manifestation of the rule of law.
• Limited Government: The Constitution explicitly defines the scope and limits of governmental power. No arm of government – the executive, legislature, or judiciary – can act beyond the powers conferred upon it by the Constitution. This prevents arbitrary rule and safeguards individual liberties.
• Checks and Balances: The Constitution establishes a system of checks and balances among the three arms of government. Each arm has the power to limit or scrutinize the actions of the others, thereby preventing any single arm from becoming too powerful and ensuring adherence to constitutional provisions. This intricate web of interdependencies reinforces the Constitution’s supremacy by ensuring no single entity can unilaterally override its provisions.

Historically, Nigeria’s constitutional development has seen various iterations of constitutional instruments, from the pre-independence Clifford Constitution (1922), Macpherson Constitution (1951), and Lyttelton Constitution (1954), which were largely colonial impositions. The 1960 Independence Constitution and the 1963 Republican Constitution marked significant strides towards self-governance and nascent constitutional supremacy, attempting to establish a framework for a sovereign nation. However, these were tragically interrupted by military coups, leading to prolonged periods of military rule.

During these eras, the Constitution was often suspended or abrogated, with military decrees and edicts taking precedence, effectively creating a system of military supremacy. The return to civilian rule in 1979, with the adoption of a presidential system, and subsequently in 1999, ushered in the current constitutional dispensation, emphatically re-establishing and strengthening the principle of constitutional supremacy.

II. Constitutional Provisions Affirming Supremacy: The Explicit Declarations

The 1999 Constitution of the Federal Republic of Nigeria (as amended) leaves no room for ambiguity regarding its supreme status. Its very first section unequivocally declares this fundamental principle:

• Section 1(1): “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.” This subsection is the cornerstone of constitutional supremacy, clearly stating that the Constitution reigns supreme over every entity and individual within Nigeria.
• Section 1(3): “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.” This powerful declaration grants the Constitution the ultimate trump card. Any law, whether enacted by the National Assembly or a State House of Assembly, or any subsidiary legislation, that clashes with a provision of the Constitution is rendered null and void to the extent of that inconsistency. This is the legal basis for judicial review, a critical tool in upholding constitutional supremacy.

Beyond these explicit declarations, other constitutional provisions indirectly reinforce its supremacy by defining the operational parameters of governance:

• Separation of Powers (Sections 4, 5, and 6): These sections delineate the powers of the legislative (National Assembly), executive (President and state governors), and judicial (courts) arms of government. The Constitution meticulously assigns specific functions to each arm, ensuring that none encroaches upon the domain of another. For instance, Section 4 vests legislative powers in the National Assembly, Section 5 vests executive powers in the President, and Section 6 vests judicial powers in the courts. This division is a fundamental check against the concentration of power and ensures that each arm operates within the constitutional limits, thereby upholding the Constitution’s overall authority.
• Fundamental Rights (Chapter IV): Chapter IV of the Constitution entrenches a comprehensive list of fundamental human rights, including the right to life, dignity of the human person, personal liberty, fair hearing, freedom of expression, freedom of movement, and freedom from discrimination. These rights are not merely aspirational; they are legally enforceable. Any law or government action that infringes upon these entrenched rights is unconstitutional. This chapter serves as a vital safeguard for individual liberties and acts as a powerful restraint on arbitrary governmental power, reinforcing the idea that even the government is subject to the supreme law.
• Federalism (Sections 2, 3, and Legislative Lists in the Second Schedule): The Constitution establishes Nigeria as a federation, dividing governmental powers between the federal and state governments. Section 2 declares Nigeria as one indivisible and indissoluble sovereign state. Section 3 outlines the constituent states and the Federal Capital Territory. The Second Schedule, comprising the Exclusive Legislative List and the Concurrent Legislative List, meticulously allocates legislative powers. The Exclusive Legislative List contains matters on which only the National Assembly can legislate (e.g., defense, foreign affairs, currency).

The Concurrent Legislative List outlines areas where both the National Assembly and State Houses of Assembly can legislate, though Section 4(5) clarifies that in case of inconsistency, federal law shall prevail. This careful delineation of powers prevents jurisdictional conflicts and underscores the Constitution’s role in defining the structure of governance and the limits of each tier of government.

III. The Role of the Judiciary in Upholding Constitutional Supremacy: The Guardians of the Grundnorm

The judiciary stands as the ultimate arbiter and guardian of the Constitution’s supremacy. Without a robust and independent judiciary, the declarations of constitutional supremacy would be mere rhetoric. The courts, particularly the Supreme Court, are vested with the authority to interpret the Constitution and enforce its provisions.

• Judicial Review: This is the cornerstone of the judiciary’s role in upholding constitutional supremacy. Judicial review is the power of the courts to examine the actions of the legislative and executive arms of government and to determine whether such actions are consistent with the Constitution. If found inconsistent, the court declares them unconstitutional, null, and void. This power, though not explicitly stated as “judicial review” in a single section, is an inherent consequence of Section 1(3) and the judicial powers vested in the courts by Section 6 of the Constitution.

Landmark Nigerian cases, such as Attorney-General of Lagos State v. Attorney-General of the Federation (on the withholding of local government funds), and Inakoju v. Adeleke (on the impeachment of a governor), have consistently affirmed the judiciary’s power of judicial review, demonstrating its willingness to strike down unconstitutional actions by other arms of government.

• Interpretation of the Constitution: The judiciary is responsible for interpreting the provisions of the Constitution. This requires a liberal, purposive, and holistic approach, ensuring that the spirit and intent of the Constitution are upheld, rather than a mere literal interpretation. The Supreme Court, as the apex court, has the final say on constitutional interpretations, setting precedents that guide all lower courts.
• Enforcement of Fundamental Rights: Courts play a crucial role in safeguarding fundamental rights. Citizens whose rights have been violated can seek redress in court, and the judiciary has the power to grant various remedies, including declarations, injunctions, and damages. This protective function ensures that the government and its agencies do not infringe upon the constitutionally guaranteed freedoms of individuals. Public interest litigation has also emerged as a vital tool, allowing individuals or groups to challenge governmental actions that impact the rights of the broader public, further strengthening constitutional enforcement.

IV. Challenges to Constitutional Supremacy in Nigeria: The Enduring Obstacles

Despite the clear constitutional provisions and the judiciary’s vigilant role, the principle of constitutional supremacy in Nigeria faces several persistent challenges:

• The Legacy of Military Interventions: Decades of military rule have left a deep imprint on Nigeria’s political culture. The ease with which past military regimes suspended or abrogated constitutional provisions fostered a culture where the rule of law could be subverted. This legacy sometimes manifests in a subtle disdain for constitutional processes or an inclination towards arbitrary exercise of power by some political actors.
• Executive Disregard for Court Orders: A significant challenge to constitutional supremacy is the occasional disregard or outright disobedience of court orders by the executive arm of government, at both federal and state levels. When court judgments are not obeyed, it undermines the authority of the judiciary, erodes public confidence in the rule of law, and ultimately weakens the fabric of constitutional governance. Such actions suggest that the executive believes itself to be above the law, directly challenging the very notion of constitutional supremacy.
• Legislative Overreach: While the legislature is empowered to make laws, there are instances where bills or enacted laws are perceived to exceed constitutional boundaries or infringe upon fundamental rights. This necessitates judicial intervention, leading to prolonged legal battles and sometimes creating tension between the legislative and judicial arms. Examples include legislation attempting to oust the jurisdiction of courts or to grant excessive powers to executive bodies.
• Corruption and Impunity: Widespread corruption can severely undermine constitutional supremacy. When public officials engage in corrupt practices, they often bypass constitutional procedures, subvert due process, and prioritize personal gain over public good. The pervasive nature of impunity for corrupt acts further weakens the rule of law and the constitutional framework designed to ensure accountability and transparency.
• Lack of Constitutional Awareness and Civic Education: A significant portion of the Nigerian populace has limited understanding of the Constitution, their rights, and the mechanisms available for redress. This lack of awareness can lead to apathy and a diminished capacity to demand accountability from those in power. An uninformed citizenry is less likely to challenge constitutional breaches, thereby inadvertently aiding their perpetuation.
• Political Interference and Pressure on the Judiciary: Despite constitutional guarantees of judicial independence, the judiciary can sometimes face political pressure or interference, especially in high-profile cases involving powerful political figures. Such interference, whether overt or subtle, can compromise judicial impartiality and undermine its ability to effectively uphold the Constitution.
• Federal Character Principle Violations: The Constitution enshrines the Federal Character Principle to ensure equitable representation in public appointments and institutions. However, there have been frequent accusations and documented instances where successive administrations have neglected these principles, leading to a sense of marginalization and undermining the constitutional objective of national unity and inclusivity. This selective adherence to constitutional provisions highlights a challenge to the holistic application of constitutional supremacy.

V. Mechanisms for Safeguarding Constitutional Supremacy: Towards a Stronger Democracy

Despite the challenges, several mechanisms are crucial for safeguarding and strengthening constitutional supremacy in Nigeria:

• An Independent and Impartial Judiciary: This is paramount. The judiciary must be free from executive or legislative interference, financially autonomous, and staffed by judges of impeccable integrity and competence. Robust appointment processes, security of tenure, and adequate remuneration for judicial officers are vital to ensure their independence. An independent judiciary is the last bastion against constitutional breaches.
• Active Civil Society and Media: A vibrant civil society, including non-governmental organizations, human rights advocates, and professional bodies, plays a critical watchdog role. They monitor government actions, expose constitutional violations, engage in advocacy, and initiate public interest litigation. Similarly, a free and independent media is essential for informing the public, holding power accountable, and scrutinizing legislative and executive actions for constitutional adherence.
• Public Enlightenment and Civic Education: Educating citizens about the Constitution, their rights, and their responsibilities is fundamental. Comprehensive civic education programs, from primary school to tertiary institutions, and through public awareness campaigns, can empower citizens to demand adherence to the Constitution and participate actively in democratic processes. An informed citizenry is the ultimate bulwark against constitutional subversion.
• Rigorous Constitutional Amendment Process: The process for amending the Nigerian Constitution is deliberately complex and stringent, requiring significant legislative and public support. This rigidity serves as a safeguard against arbitrary or impulsive changes to the supreme law, ensuring that fundamental principles are not easily altered. While amendments are necessary to reflect societal evolution, the difficult process ensures thorough deliberation and broad consensus.
• Electoral Integrity and Democratic Accountability: Free, fair, and credible elections are the bedrock of constitutional democracy. When elections are genuinely reflective of the people’s will, it imbues elected officials with legitimate authority, making them more likely to respect the Constitution. Furthermore, strong mechanisms for democratic accountability, such as parliamentary oversight, public hearings, and anti-corruption agencies, are vital to ensure that those in power are answerable to the Constitution and the people.
• Strong Institutions and Rule of Law Culture: Beyond specific mechanisms, fostering a deeply ingrained culture of respect for the rule of law among all citizens and institutions is crucial. This involves adherence to due process, respect for court orders, transparency in governance, and a commitment to constitutionalism as a way of life. Strengthening institutions like the police, anti-corruption bodies, and electoral commissions, and ensuring their operational independence, are also critical to upholding the Constitution.

Conclusion: The Enduring Quest for Constitutional Governance

The supremacy of the Constitution in Nigeria is not merely a legal theory; it is the fundamental principle upon which the nation’s democratic aspirations rest. It is the guarantee of limited government, the protector of individual liberties, and the framework for a stable and prosperous society. While Nigeria has made significant strides in institutionalizing constitutional supremacy, the journey is ongoing. The challenges, particularly the legacy of military rule, executive impunity, and a lack of civic awareness, require continuous vigilance and concerted efforts from all stakeholders.

Upholding constitutional supremacy is a shared responsibility – for the judiciary to interpret and enforce, for the legislature to enact laws within constitutional bounds, for the executive to implement policies in accordance with the law, and most importantly, for the citizenry to understand, defend, and demand adherence to their supreme law. As Nigeria navigates its future, a steadfast commitment to the principles of constitutional supremacy will remain the most potent force for good governance, national cohesion, and the realization of a truly democratic and just society for all its people. The Constitution is not just a document; it is a living covenant, constantly requiring nurturing and protection to ensure its continuous reign as the supreme law of the land.