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Federal System Nigeria is a Federation comprising of 36 states and the Federal Capital Territory. Section 1 of the 1999 Constitution refers to the nation as a Federal Republic. The journey towards a Federal form of government in Nigeria started in 1946 when the Richard’s Constitution introduced a quasi-federal structure of government into the country. By this time, it had already dawned on the British administration in Nigeria that the country was made up of diverse elements with linguistic, cultural and religious background. There was a feeling of the need to promote the unity of Nigeria and provide adequately within that unity for the diverse elements which make up the country. It was also envisaged at this period that the principle of greater regional autonomy would bring about the desired unity in Nigeria. In this regard, Sir Bernard Bourdillon opined that: “In fact, this measure represents not the division of one unit into three, but the beginning of the...

1. SUPREMACY OF THE CONSTITUTION One of the striking features of countries which operate the federal system of government is the supremacy of the constitution. It is the constitution that spells out the extent and limits of power exercisable by the central (Federal) government and its component parts (States). This is to minimize frictions. As Osipitan suggested, one of the fundamental features of a federal arrangement is the need for a supreme constitution which binds all persons, governments and authority. A supreme constitution has the added advantage of highlighting the existence of a binding arrangement which exists among the states within the federation. According to Section 1(1) of the 1999 Constitution of Nigeria, the “… Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”. A similar provision is contained in the Constitution of the United States of America. Article VI, Section 2...

The history of the Rule of Law dates back to the theories of early philosophers. As stated by Aristotle, “The Rule of Law is preferable to that of any individual” . Adopting this theory to that period (Middlees), Brn, the 13th century was of the opinion that, “the King Agactoin himself ought not to be subject to man but subject to God, and the law because the law makes the king”. This was the extent to which the early philosophers could stretch the rule of law. Much later, John Locke on the same concept added that; “Freedom of men under government is to have a standing rule to live by, common to everyone of that society, and made by legislative power created in it and not be subject to the constant and unknown arbitrary will of another man. However, at the end of the nineteenth century A.V. Dicey described the principle of the rule of law as one of the two basic principles of the English Constitution. During the last thirty years, prominent jurists have devoted much attention to the ...

The “Rule of Law” means that law rules or reigns. This presupposes a situation where everything is done in accordance with law thereby excluding any form of arbitrariness. The concept of the rule of law is of great antiquity. This is because, for many centuries, it was recognized that the state usually possessed enormous power which may be used to oppress individuals. This has been a point of concern for both political and legal philosophers who are in a continuous search for a suitable and somewhat permanent means of subjecting governmental power to control. Aristotle argued that government by law was superior to government by  men. By this he meant that where the rule of law prevailed, government will be better organized unlike rule by the whims and caprices of the leader which will likely cause chaos. The rule of law as a constitutional and political concept has been a subject of much interest to prominent writers even before the 19th century when A.V. Dicey wrote his...

The organization of government under the military rule is contrary to the concepts of separation of power, traditionally or modern. It must be noted that the primary purpose of the concept is to guard against dictatorial rule by avoiding concentration of all the powers of government in one hand. With the advent of the military rule in Nigeria beginning from January 15, 1966, the military suspended and modified the 1963 Constitution by virtue of the constitution (suspension and modification) Decree N. 1, 1966. By virtue of the decree, it dissolved the parliament and fused legislature and the executive powers in the Supreme Military Council (SMC) which was the ruling military council. This fusion of both legislative and executive functions or powers is repeated in every military regime. The ruling military council has also been known as Armed Forces Ruling Council (AFRC) and Provisional Ruling Council (PRC) and so forth in various military regimes. The military a...

Requirements for the Validity of the Rule of Law Over the years, the following basic points have been recognized as means of identifying the successful application of the Rule of Law in any given jurisdiction. These include:  Law should be prospective in its effects. The Law in such countries should be certain, clear and publicly known. Laws should be general and making of particular legal orders should be guided and constrained by general laws.  The judiciary should be independent and easily accessible. CONCLUSION From the basic concept of the rule of law so far discussed, it is clear that as a constitutional concept, it is desirable. The utility value cannot be overestimated otherwise, there would be chaos. SUMMARY Summarily, the concept of the “Rule of Law” as formulated by different writers, jurists and Legal Philosophers means the follows:The officials must obey the legal rules in their actions; The legal rules out the arbitrary discretion of officials.

Lord Haldane in Attorney General for Commonwealth of Australia V Colonial Sugar Refinery Co. was of the view that: “………..the natural and literal interpretations of the word ‘federal’ confines its appellation to cases in which states while agreeing in a measure of delegation of powers to a common government yet in the main continue to preserve their regional constitution. The word could only be used loosely, to describe states which agree to delegate their powers with a view to entirely new constitution even of the states themselves”. This definition presupposes a voluntary act on the part of the federating states in keeping with the theory of the social contract and perhaps does not contemplate a situation of federal state coming about as a result of coercion or the mechanical drawing of borders, which was the case in Nigeria. To Carl Fredrich Federalism is the process of federating as well as the particular pattern or design which the inter-group relation exhibits at the particular ti...

Federalism evolves in various nations for different reasons, but is mostly seen in nations with vast expanse of land and multi-ethnic peoples; or diverse religions, historical, political, or other backgrounds. In the United States of America for example, it was part of the fervour  of the war of independence, which led to the articles of co-federation that gave powers to the confederate states and the federation. This was later to be translated into a constitution which gave more powers to the federal government. In Nigeria, it came about as a result of the multi- ethnic nature of the country. Agitation of the minorities for a system of government which would ensure continuity and give them a sense of belonging and most importantly the existence side by side of the three major religions-Christianity, Islam and Traditional mode of worship, in such a way as to divide the nation into two major entities. As was noted by Awa “The Moslem group believing themselves to be superior on accou...

Separation of powers or classification of government powers is the division of government powers into three branches of legislative, executive, and judicial; each to be exercised by a separate and independent arm of government as a preventive measure against abuse of power, which will occur if the three powers are exercised by the same person or group of persons. Thus, the concept of separation of powers may mean at least three different things.  That the same person should not form part of more than one of the three organs of government. That one organ of government should not control or interfere with the work of another. For example the judiciary should be independent of the Executive and the Legislative.  That one organ of government should not exercise the function of another. E.g. the Legislature should not carry out judicial  functions. Thus, separation of powers is the constitutional doctrine of the division of powers of government into the three branches ...

This postulation is to the effect that every person no matter his status is subject to the laws of the land. In this sense, it means equality before the law or equal subjection of all classes of persons to the ordinary law of the land administered by the ordinary law court. This postulation includes equality, justice, and equality of rights. It is also a constitutional provision by the provisions of section 17(1) of the 1999 constitution of the Federal Republic of Nigeria. A further interpretation of this postulation means that no man is above the law and that every man, whatever, his rank or condition is subject to the law of the land and amenable to the jurisdiction of the ordinary tribunals. Ordinarily, most countries observe this sense of the rule of law in that the socio-political or economic status of an individual is per se no answer to legal proceedings, yet there are a number of exceptions when it comes to practical experiences. For example, from the nature of the d...

In A.V. Dicey’s view, the constitutional law of England is not the source but the result of the ordinary law of the land. Dicey here merely emphasized the protection of and the enforcement of personal rights and freedoms by the courts even though there may be no written constitution in England conferring such rights. He did not really consider the wider constitutional principles such as the sovereignty of parliament which in essence means that parliament could make laws denying both the right and the remedy and nothing could be done against such law. While the above is true of England, it is not the same case in all jurisdictions. For instance, in jurisdictions where there are laid down constitutional provisions on human rights like Nigeria, fundamental human rights are entrenched in the constitution by virtue of specific chapters. Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria. The Rule of Law started taking a different dimension in 1948.  It ado...

A constitution is a social contract between the people and government The second nature of a constitution is that it is a contract. A constitution is a Legal Contract between the people and government containing legal rights which have force of law and are enforceable. A Constitution is the pre-agreed contract and supreme document defining and regulating the relationship between the people and the government and its terms are binding on all persons and authorities in the country. A constitution guarantees rights and also attracts obligation or duties to the: Individual and The government or public officers and authorities on the other hand. CONCLUSION You have learned about the relationship between a constitution and the people. You have learned the way in which the people should be involved to make the Constitution; valid and enforceable and the central nature of a Constitution, the purpose which it must serve and the constitution as the express will of the people. ...

The definitions of Federalism are often fraught with pitfalls because of their inability to encompass all forms of the particular concept or idea sought to be defined. Generally, the concept of federalism relates to the division of power between national government, and other regional or state governments and sometimes local governments. Such powers may however be shared in various ways, sometimes with a stronger center or with weaker center which is often referred to as co-federalism. Meaning: Ben Nwabueze defines federalism as an arrangement whereby powers of government within a country are shared between a national country-wide government and a number of regionalized (i.e. territorially localized) governments in such a way that each exists as a government separately and independently from the others, operating directly on persons and property within its territorial area, with a will of its own and its own apparatus for the conduct of its affairs, and with an authority in some mat...

The line demarcating constitutional and administrative law is very thin and this thin line cannot be precisely demarcated. Administrative law may be defined as the law which determines the organization, powers and duties of authorities. Like constitutional law, it deals with the exercise and control of governmental power. An artificial distinction may be made by suggesting that constitutional law is mainly concerned with the structure of the primary organs of government, whereas administrative law is concerned with the work of official agencies in providing services and in regulating the activities of citizens. Administrative law is directly affected by constitutional structure of government. CONCLUSION The major conclusion that could be drawn from the foregoing analysis is that Constitutional Law is central to all aspect of Law. The questions one may then ask is, what is the nature of the relationship and which is the dominant partner? Constitutional Law appears to be dominant to the...

According to one very wide definition, constitutional law is that part of the Law which relates to the system of government of the country or it can also be defined as meaning those laws which regulate the structure of the principal organs of government and their relationship to each other and to the citizen, and determine their main function. Constitutional law pervades all areas of law in that there is hardly any department of law which does not, at one time or another become of constitutional importance. In the field of family law, the importance of the protection of family life is stressed in the Nigeria 1999 Constitution and African charter on human rights. In industrial law, the freedom of association for industrial purpose and the law of picketing are of constitutional importance. In the sphere of public order and criminal law, the citizen looks to the court for protection. The constitutional lawyer has always had a particular interest in the means which the law provides ...

The sources of the various provisions found in a constitution are many, such as the past experiences of the country. For instance, the social economic, political, historical, geographical and notable historical documents such as the British Magna Carta of 1215, American Bill of Right statutes passed by parliament, decrees and edicts of military government, the intellectual works of eminent writers, jurists, historians, philosophers, essayists, politicians, and statesmen such as John Locke, A.V. Dicey, and so forth, case law or judicial precedents, customs and way of life of the people, rules and conventions guiding human be haviour, the constitutions of other countries, the deliberations of constitutional conferences or Constituent Assemblies which may draft the constitution of the given country, rules of international law and so forth are important sources to draw from when writing a constitution for a country. The Nature of the Constitution The nature of a constitution is determined ...

A constitution means a document having a special legal sanctity which sets out the framework and the principal functions of the organs of government within the state, and declares the principles by which those organs must operate. In countries in which the constitution has over- riding legal force, there is often a constitutional court which applies and interprets the text of the constitution in disputed cases. Such a court is the Supreme Court in Nigeria, the Supreme Court in USA or the Federal Constitutional Court in South Africa. However, United Kingdom or Great Britain has no constitution. There is no single document from which is derived the authority of the main organs of government such as the Crown, the cabinet, parliament and the courts of law. No single document lays down the relationship of the primary organs of government one with another or with the people. But the word Constitution has wider meaning. As Bolingbroke stated in 1733: “By constitution, we mean whenev...

1920-1950 The founding colonial Sole Administrator of Nigeria between 1911 and 1919, Lord Fredrick Lugard could not see to the full implementation of his policies when in 1919 Sir Hugh Clifford was appointed the second Colonial Sole Administrator and Governor of Nigeria. The Clifford constitution of 1922 emanated as a result of the pressures from Casely Hayford’s West African Congress. This constitution was meant to make some reforms in the constitutional and administration setting in the country. The Clifford Constitution of 1922 marked a watershed in the constitutional development of Nigeria for it introduced a formal document to Nigeria as a constitution. Clifford’s Constitution The Clifford’s Constitution took its name after Sir Hugh Clifford who under pressure from the West African Congress led by Casely Hayford was forced to make some reforms in the political and administrative system of the country. It was ...

The MaCpherson Constitution 1951 Between 1949 and 1950, Nigerians were consulted through questionnaires at villages and districts. Before this, a select committee of the Legislative Council had been set up to review the Richard’s Constitution of 1946. The effect of this was a General Conference at Ibadan where a draft constitution was adopted forming the Nigeria (Constitution) Order – In - Council of 1951 which came later to be referred to as the MaCpherson’s Constitution. This constitution formalized the division of Nigeria into three regions and it seemed to re-emphasize the principle of grater autonomy and the retention of the unity of the country. With this, the movement towards a federal structure was a quicker and surer way of solving religious, economic, educational and political differences existing in Nigeria. The highpoint of this Constitution is that a House of Representatives with 148 members replaced the Legislative Council. The Governor exercised legislative powers with...

Nigeria became a self-governing state in October 1, 1960. The effect of this on the nation was that it “attained full responsible status within the commonwealth.” Thus, legal status of the country ceased from being a colony and protectorate of Nigeria and a declaration was made that as from October 1, 1960, “Her majesty’s Government in the United Kingdom shall have no more responsibility for the Government of Nigeria or any part thereof”. The 1960 Constitution bore a semblance to the 1954 Constitution except that there were some basic exceptions as follows:  The Governor-General was transformed into a Head of State and he acted only on the advice of his ministers; Judges of the Federal Supreme Court and the High Courts were  appointed on the advice of the Judicial Service Commission and their  dismissal could only be effected by a recommendation of a tribunal  of judges after confirmation by the Judicial Committee of the Privy  Council;  Constitutional...