Nigerian Constitution – JSS1 Civic Education Lesson Note (Third Term)

A constitution is the fundamental law, written or unwritten, that establishes the character of a government. It sets out the basic principles that all citizens must obey and sets the extent and manner of using a nation’s sovereign power. The Nigerian Constitution draws on conventions, common law, historical documents, judicial precedents and acts of legislature.

Behavioural objectives

By the end of the lesson, students should be able to:

• define the Constitution;
• state the sources of the Nigerian Constitution.

What is a constitution?

A constitution is the fundamental law, written or unwritten, which establishes the character of a government. It is also a body of fundamental principles or established precedents according to which a state or other organisation is acknowledged to be governed.

It is the basic principle that all citizens must abide by. It prescribes the extent and manner of the exercise of a nation’s sovereign power. It consists of the fundamental and entrenched rules governing the conduct of an organisation or nation-state, and establishing its concept, character and structure. It is usually a short document, general and embodying the aspirations and values of its writers and subjects.

What are the sources of the Nigerian Constitution?

The Nigerian Constitution can be sourced from the following:

• Conventions: Rules of practice that have been accepted because of their long usage.
• Common law: Law based on people’s customs and beliefs, which the courts also recognise. It is also a source of the Nigerian Constitution.
• Historical documents: Documents containing historical records of people and their traditions.
• Judicial precedents: Law emanating from previous court judgments, usually from superior courts. They can also be called case laws.
• Acts of legislature: Laws made by the state and national assemblies.

What are the features of the Nigerian Constitution?

The Nigerian Constitution (1999) has eight chapters. Each chapter has sub-sections and parts.

The preamble

The preamble to the chapters states:

We the people of the Federal Republic of Nigeria,

Having firmly and solemnly resolved, to live in unity and harmony as one indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace, international cooperation, and understanding, and to provide for a constitution to promote good government and welfare of all persons in our country, on the principles of freedom, equality and justice, and to consolidate the unity of our people, do hereby make, enact and give to ourselves the following constitution.

Evaluation

1. Define a constitution.
2. List the five sources of the Nigerian Constitution.
3. What are conventions?
4. What is another name for judicial precedents?
5. How many chapters does the 1999 Constitution have?

Assignment

Explain any two sources of the Nigerian Constitution in your own words.