Pol 106 Lmal

SUMMIT UNIVERSITY OFFA
TOPIC:-EXAMINE THE 1999
CONSTITUTION THE FEATURES,
MERITS AND DEMERITS
NAME:- LIADI MUYHIDEEN

COURSE TITLE:- CONSTITUTIONAL
DEVELOPMENT.
COURSE CODE:- POL 106
LECTURER:- DR MURAINA
Background
Nigeria has had a series of constitutions.
The current constitution was enacted on 29
May 1999, inaugurating the Nigerian Fourth
Republic.There have also been 5 past
constitutions of Nigeria.
Features of the 1999 constitution of

Nigeria:
The 1999 constitution of the federal
republic of Nigeria is the current and
legitimate constitution of the country. It
was recently amended in 2011, and since
after then, there has not been any changes
or amendment made on it. Before the
drafting of the 1999 constitution, Nigeria
has had many constitutions, which in one
way or the other, contributed in the
drafting of the 1999 constitution. A critical
analysis of the current 1999 constitution of
Nigeria shows that it is only a development
of the previous constitutions (that is, the
1960, 1963 and 1979 constitution).
Nonetheless, all these constitutions has
different features. The content of the 1960,
1963 and 1979 constitution of Nigeria is
obviously not the same as the current 1999
constitution. In light of that, i will be listing
and discussing the characteristics or
features of the 1999 constitution of the
federal republic of Nigeria in this article. I
strongly urge you to read this work
painstakingly so that you will be able to
grasp everything contained in it.
Features of 1999 constitution are ;
1. Preamble:- Just like other constitutions
Nigeria has had in the past, the 1999
constitution of Nigeria contains a preamble.
Simply put, a preamble is a short
preliminary statement or remark, especially
an explanatory introduction to a formal
document or statute.In addition to this, the
preamble of the 1999 constitution of
Nigeria shows the acceptance of the
content of the 1999 constitution by
Nigerians. It is written to capture the true
spirit of the nation and confirm the assent
of the constitution. Generally, a preamble is
a very essential part of every constitution
because it shows that there was popular
participation in the making of the
constitution. In other words, a constitution
with a preamble by the people is a
constitution that is not forcefully imposed
on the masses.
2.Separation of power:-
Another striking feature of the 1999
constitution of Nigeria is separation of
powers. As a democratic nation, the
principle of separation of powers is
inevitable and thus, supported by the
constitution. The principle of separation of
powers states that there should be a
division of power between the three arms
of government. This is to avert the rise of
tyranny in the land and to ensure
accountability.Section 4, 5 and 6 of the
1999 constitution are the major provisions
that supports this political theory. Section 4
provides that the legislative powers of the
Federal Republic of Nigeria shall be vested
in a National Assembly for the Federation,
which shall consist of a Senate and a House
of Representatives.
3. Presidential system:-
The 1999 constitution retained the
presidential system initially introduced in
the 1979 Constitution. A presidential
system is a system of government where an
individual who is called the president is
vested with the real executive power as
well as ceremonial functions.
The president is usually elected for a term
of 4 years in Nigeria. The sections relating
to the president is section 130 – 140. The
constitution also provides for the
qualifications of the president.
4. Fundamental Human rights:- The 1999
constitution contains the Human rights
available to the citizens of Nigeria. Human
rights can be said to be those inalienable
rights available to a human being. Nigeria is
one of those countries that have codified
their human rights into their constitution.
This is to make sure that the rights of every
citizen is adequately protected. The
fundamental human right of Nigerians can
be found in chapter 4 of the constitution.
Some of them include the right to life,
freedom of speech, right to own movable
and immovable property etc.
5. Federalism:-
The 1999 constitution provides for
federalism, this is a system of government
where by power is shared between the
states and the central government. It does
this through the various lists (exclusive,
residual and concurrent list).
The items in the exclusive list are within the
control of the Federal government, residual
list is meant for states and both state and
federal government control items in the
concurrent list
Merits of 1999 Constitution Of Nigeria

The major advantages and arguments in
favour of the 1999 Constitution include the
following:
1. The retention of the federal system of
government is a realistic and pragmatic
decision. Federalism remains the best
constitutional option in a multi-ethnic multi-
linguistic and multi-religious society like
Nigeria. The federal system provides for
political stability in such a heterogeneous
society.
2. Similarly, the prohibition of a state
religion in a multi-religious society like
Nigeria is a good thing and should be
applauded. Although different meanings
have been given to this provision by self-
serving politicians and other interest
groups, the fact remains that it is the best in
the circumstance.
3. The provision that legislative business can
be conducted in English and the three main
Nigerian Languages (Hausa, Igbo and
Yoruba) will not only lead to the
development of these indigenous languages
but may encourage popular participation in
law-making. It would appear that the
constitutional provision the main use of
indigenous languages to be used in the
National Assembly is still in abeyance.
4. Dual citizenship may enable Nigerian
professionals who are resident abroad and
have acquired the citizenship of other
countries, perhaps out of necessity, to
continue to maintain contact with home
and contribute to the development of the
country. A developing country like Nigeria
can hardly afford to do away with this group
of people.
 5. The declaration of assets by top
government officials before taking office
may help to check abuse of office,
though the constitutional provisions
appears short of expectation.
Demerits of the 1999 Constitution Of
Nigeria
The disadvantages or arguments against the
1999 Constitution are legion and include
the following:
1. The process of drafting the Constitution
was highly defective as there was
inadequate consultation with Nigerians. In
particular, there were no constitutional
conferences to ascertain the wishes of
Nigerians nor were referendums conducted
to confirm whether or not the constitution
was acceptable to the people.
2. The preamble to the constitution gives
the impression that the constitution is the
work of Nigerians when it claims that “We
the people of the Federal Republic of
Nigeria: Having firmly and solemnly
resolved…Do hereby make, enact and give
to ourselves the following constitution…”
But this is a lie as the ordinary Nigerians
were not consulted in the preparation of
the constitution.
3. Although the federal system adopted by
the constitution is suitable for a
heterogenous society like Nigeria, yet
Nigeria is only federal in names but unitary
in fact. For example, in the allocation of
revenue, the Federal Government alone
gets as much money as all the states and
local governments in the federation put
together. What kind or federation is that in
which the states are made so subordinate
to the central government? Under
President Obasanjo (1999-2007) for
example, state governors were removed by
the federal government under the guise of
fighting corruption and statutory allocation
to local governments in Lagos State were
withheld for sometime.
4. The Constitution does not provide for
acceptable fiscal federalism in which the
states can generate sufficient revenues on
their own. The states do not need to
depend on the central government and be
controlled and harassed by it. With the
probable exception of Lagos and Rivers
States and one or two other states, most
states depend on the Federation Account
for as much as 80% of their revenue.
5.The provision that three indigenous
languages may be used in the National
Assembly tends to uphold the language
rights of the majority without doing same
toother languages. If this policy is sustained,
it may sound the death knell for the minor
indigenous languages.

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SUMMIT UNIVERSITY OFFA

TOPIC:-EXAMINE THE 1999

CONSTITUTION THE FEATURES,

MERITS AND DEMERITS

NAME:- LIADI MUYHIDEEN

Features of the 1999 constitution of

Merits of 1999 Constitution Of Nigeria

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