Sources of the Nigerian Constitution

What is a Constitution?

A constitution is the supreme law of a country, laying out the structure of government, the powers and duties of its arms, and the rights of citizens. Nigeria is currently governed under the 1999 Constitution (as amended).

Sources of the Nigerian Constitution

• Historical/colonial constitutions: earlier constitutional documents such as the Clifford Constitution (1922), Richards Constitution (1946), Macpherson Constitution (1951), and Lyttleton Constitution (1954), which shaped Nigeria's constitutional development before independence.
• Independence and Republican Constitutions: the 1960 Independence Constitution and the 1963 Republican Constitution, marking Nigeria's transition to self-rule.
• Military decrees: laws made by military governments during periods of military rule, some of which were absorbed into later constitutions.
• Constituent Assembly/Conference reports: recommendations from bodies set up to draft or review the constitution.
• Judicial precedents (case law): decisions of the courts that interpret and clarify constitutional provisions.
• Customs and conventions: unwritten practices and traditions that guide the operation of government.

Features of the 1999 Constitution

• It establishes Nigeria as a Federal Republic.
• It provides for three arms of government: Executive, Legislature, and Judiciary.
• It guarantees fundamental human rights under Chapter IV.
• It is the supreme law — any other law that conflicts with it is void.

Importance of Knowing the Sources of the Constitution

Understanding where Nigeria's constitution comes from helps citizens appreciate the country's constitutional history and evolution, and understand why certain provisions and structures exist in the current system of government.