CONSTITUTION
It is a legal document that contains body of rules established to
regulate the administration of a state.
state
A legal document that contain fundamental procedures, standard,
processes, rules and regulations on how a country should be
governed.
Primary objective of any constitution is to serve as a base for
power in a state.
It is regarded as the highest or supreme law of the country.
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FEATURES OF CONSTITUTION
• A constitution must have a preamble which an
introductory statement of where, by whom and for what
purpose the constitution was made.
• For example, Nigeria 1999 Constitution states that "We
the people of the Federal Republic of Nigeria ... do hereby
enact and give to ourselves the following constitution”.
• It must define the form of government in the country.
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Features of Constitution Contd……
…….
• It must state the fundamental rights of citizens.
• It must explain the duties and responsibilities of citizens.
• It must define the powers and functions of government.
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FUNCTIONS OF CONSTITUTION
• It upholds the sovereignty of the nation.
• It acts as a check in maladministration and misuse of powers.
• It ensures that government is answerable and accountable to
the people of the country.
• Constitution ensures good governance through the rule of
law
• It protects individual fundamental human rights
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Functions of Constitution Contd…….
• It provides for the independence of each arm of government
i.e Legislative, Executive and Judiciary
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SOURCES OF CONSTITUTION
• The following are the various sources of constitution:
1. HISTORY OF THE PEOPLE
 The history of how people come together to form a country.
 For example, the historical document (The Amalgamation Act of
1914) which created Nigeria is a source of Nigerian constitutions
from 1922 -1960.
2. ORGANIC LAWS
Special legislative rules which fill the gaps left by written
constitution document
is used to determining the constitutional rules of a country
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Sources of Constitution Contd…
3. ACTS OF PARLIAMENT
Laws made by the legislature in the National Assembly
All pre-independence constitutions of Nigeria are as a result of Acts of
parliament.
The British Parliament made all Nigerian constitutions from 1922-1960.
The Nigerian Parliament made the 1963 Constitution.
• 4. JUDICIAL PRECEDENTS
The Supreme Court is vested with responsibility to interpret fundamental laws
and ensure justice.
Some of the materials from these judicial decisions serve as a source of a new
constitution.
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Sources of Constitution Contd…
5. PAST CONSTITUTIONS
Materials from past constitutions are put together to form a new
constitution.
For example, The Nigeria 1979 Constitution is a major source in the
formation of Independence Constitution of 1999.
6. INTERNATIONAL LAWS
Materials obtained from International agreements or documents
produced by international organisations such as the United Nations
Organisation (UNO) can be used to formulate constitution
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Sources of Constitution Contd…
For example, most elements of human rights in the Nigerian
Constitution are obtained from the United Nations' Universal
Declaration on Human Rights of 1948 (UNUDHR).
7. CONSTITUTIONAL CONFERENCES
Constitution can also be derived from submissions arrived at the
constitutional conferences.
All
All Nigerian constitutions from 1951 to 1999 are products of
constitutional conferences.
1979, 1989 and 1999 constitutions are products of constitutional
conferences organised by military governments
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Sources of Constitution Contd…
8. CUSTOMS AND TRADITIONS
Constitution is also derived from acceptable customs and traditions of
the people.
Different behaviours, symbols, values, culture, languages and beliefs of
ethnic groups sometimes form the basis of the type constitution to be
adopted by a country.
For example Nigeria adopted a federal constitution to accommodate all
ethnic groups because we are people of devised languages, values, beliefs
• 9. CONVENTIONS
Conventions
Conventions are rules of behaviour universally agreed as being necessary in
the working of a constitution.
They
They do not have the force of law and cannot be disregarded by anybody.
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Sources of Constitution Contd…
Conventions are mostly used by states that have unwritten
constitution like Britain.
Examples of conventions are: “The leader of the party with a
majority in the parliament forms the government after general
election”.
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ASSIGNMENT
Discuss the historical development of Nigerian Constitution from
1922 to 1999.
Assignment to be submitted with your name and matriculation
number online either in Microsoft Word or PDF.
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FURTHER READINGS
Adebayo, C. (2016). Essentials of citizenship education and contemporary
social problems. Lagos: Moving Up Education Consultant and Publication
Alake, A. A. (2000). Citizenship education for tertiary institutions. Lagos: Adlak
and Associates Publishers
Adigwe, F. (1985): Essentials of government for West Africa. Ibadan: University
Press
Anyaeke, J.U (1994). Comprehensive government for secondary schools.
Lagos: Johnson Publishers Ltd.
Appadorai, A. (1982). The substance of politics. Bombay: Oxford University
Press Madras.
Dibie, C. C. (2007). Essential government for secondary schools. Lagos: Tonad
Publishers Limited
Dicey, A.V. (1959). Laws of the Constitution Federal Republic of Nigeria. 1999
Constitution of the Federal Republic of Nigeria. Federal Ministry of
Information & National Orientation
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