The Nigerian Constitution serves as the foundation of the country’s legal and political system, governing all aspects of life, from individuals’ rights to government officials’ responsibilities. Yet many citizens remain unaware of the key provisions that shape their everyday lives. Understanding these provisions is crucial for anyone looking to participate in civil discourse or understand their rights.

1. Fundamental Rights (Chapter IV, Sections 33-46)

Chapter IV of the Nigerian Constitution (Sections 33 to 46) deals with the fundamental rights of Nigerian citizens. These include rights to life (Section 33), dignity of human person (Section 34), personal liberty (Section 35), fair hearing (Section 36), privacy (Section 37), freedom of thought and religion (Section 38), freedom of expression (Section 39), peaceful assembly and association (Section 40), freedom of movement (Section 41), and freedom from discrimination (Section 42). Each of these rights is vital in ensuring that citizens are treated equally and fairly under the law.

2. Separation of Powers (Sections 4, 5, and 6)

The concept of separation of powers is enshrined in Sections 4, 5, and 6 of the Nigerian Constitution, which distribute the powers of government among the three arms: Legislature, Executive, and Judiciary. Section 4 empowers the National Assembly to make laws, Section 5 vests executive powers in the President and the state Governors, and Section 6 assigns judicial powers to the courts. This separation is key to preventing any one branch from dominating the government.

3. Federalism (Section 2 and Second Schedule)

Section 2 of the Nigerian Constitution establishes Nigeria as a federation, with power divided between the federal and state governments. The Second Schedule of the Constitution outlines the specific areas of responsibility for each level of government, with the exclusive legislative list detailing matters like defense, currency, and foreign affairs for the Federal Government and the concurrent list covering areas like education and health shared between federal and state authorities.

4. Amendment Process (Section 9)

Section 9 of the Nigerian Constitution outlines the process for amending the Constitution. It requires that any amendment bill must pass through both chambers of the National Assembly with a two-thirds majority and then receive approval from at least two-thirds of the state Houses of Assembly. This rigorous process ensures that amendments to the Constitution reflect the will of the people and protect the Constitution from frequent, politically motivated changes.

5. Supremacy of the Constitution (Section 1)

The Nigerian Constitution is the supreme law of the land, which means that any law or action by the government that conflicts with its provisions is considered null and void. Section 1 of the Constitution emphasizes that no one, including government officials, is above the law. This provision ensures that the rule of law prevails and that citizens can challenge unconstitutional actions through the judicial system.

6. Right to Fair Hearing (Section 36)

Section 36 of the Nigerian Constitution guarantees every citizen the right to a fair hearing in matters affecting them. This includes the right to be heard by an impartial court or tribunal, the right to legal representation, and the right to be informed promptly of the charges against them. This provision safeguards individuals from arbitrary detention or punishment without proper legal procedures.

7. Right to Freedom of Movement (Section 41)

Under Section 41, Nigerian citizens have the right to move freely throughout the country without any restrictions. This includes the right to reside in any part of the country and to leave or return to Nigeria. However, this right can be restricted in cases where national security or public health is at stake. Understanding this provision is particularly important given the diverse ethnic and regional dynamics in Nigeria.

8. Right to Own Property (Section 43)

Section 43 guarantees every Nigerian the right to acquire and own immovable property anywhere in the country. This is crucial for individuals and businesses looking to invest in real estate or secure their financial future through property ownership. However, it is important to note that the government retains the right to compulsory acquisition of land for public purposes, though compensation must be provided.

9. Powers of the National Assembly (Section 4)

The National Assembly, consisting of the Senate and the House of Representatives, is responsible for making laws for the peace, order, and good governance of Nigeria. Section 4 outlines the powers and functions of the National Assembly, giving it authority to legislate on matters within the exclusive legislative list (such as defense, foreign policy, and currency). Understanding the legislative process can help citizens engage with and influence policy decisions.

10. Presidential Immunity (Section 308)

Section 308 provides certain immunities to the President, Vice President, Governors, and Deputy Governors from civil or criminal proceedings while in office. This means they cannot be sued or prosecuted while performing their official duties. However, this immunity does not extend to actions taken after leaving office, and they can still be held accountable for any misconduct during their tenure.

Conclusion

The Nigerian Constitution is more than a legal document; it is the foundation of governance and rights in the country. Understanding key provisions such as fundamental rights, the separation of powers, federalism, and the amendment process empowers citizens to engage actively in the nation’s democratic processes and ensures their rights are protected.

However, these additional key provisions of the Nigerian Constitution are essential for citizens who wish to engage in informed discussions about governance and their rights. By familiarizing themselves with these sections, Nigerians can better navigate the legal landscape and advocate for the rule of law.