1999 CONSTITUTION

INTRODUCTION

Before the advent of the British, there was nothing like Nigeria. It was in 1914 that the geographical expression called Nigeria came into existence by the Amalgamation of the Northern and Southern Protectorates   with   the Colony of Lagos by Sir (Lord) Fredrick Lugard, the then Governor-General. Therefore, the nation Nigeria, originated from the concept of a group of people.
The Nigeria nation has experienced many Constitutional changes since Sir Frederick Lugard in 1914 to the current 1999 Constitution. However, its administration was dominated by Whites who ruled by Executive and Legislative Councils.

In 1886, the Colony of Lagos merged with the Nigeria Coast Protectorate of Southern Nigeria. By 1st January, 1900, Britain structured the area into three administrative units.

1. The Protectorate of Northern Nigeria with Fredrick Lugard as its High Commissioner.
2. The Protectorate of Southern Nigerian with Sir R. D. R. Moore as its High Commissioner.
3. The Colony of Lagos with Sir W. Egerton as its High Commissioner. In 1906, it became two distinct administrative units of the Protectorates of Northern and Southern Nigeria and the Colony of Lagos1.


WHAT IS CONSTITUTION

Constitution can be defined as the body of rules, laws, conventions or practices which stipulates the institutions, structures of a state and its powers and function vis a vis other social institutions. It is also the instrument of creation of a sovereign political community.

BRIEF HISTORY ABOUT THE 1999 CONSTITUTION

The Constitution is the highest law in Nigeria. There’s a certain history that resulted in the creation and these “rule-sets”, however, the current constitution was established only in 1999. It is the “successor” of the three previous constitutions of 1960, 1963, 1979 and 1993. The first constitution in Nigeria was made on 1 October 1960. That year Queen Elizabeth II became the main person to have power over Nigeria. Nigeria's second constitution set up the nation as a federal republic. It had been in use since October 1963 (Nigeria's third year as a free country).

The constitution, which acquired the Second Republic, was established in 1979. It surrendered the Westminster framework for a certain presidential one that is similar to the “American’ style. It reflects the formation of political parties in different states in Nigeria; these parties had to be registered. This makes it very much like the American system of government. The constitution in 1993 was adopted in Nigeria due to the recognition of a Third Republic.

The 1999 constitution was adopted after the 1993 constitution and started the Fourth Republic of Nigeria. It highlights and emphasizes different important areas of Nigerian laws and policies, talks about citizenship, the executive head, law systems, forms of elections, police force, political parties, etc.
President Goodluck Jonathan signed two amendments to the 1999 constitution in January 2011. The most crucial changes started to become a reality since the constitution had come into utilization in 1999. Such features were caused by the preconditions that came up as a result of the development in Nigeria.

THE 1999 CONSTITUTION
The 1999 constitution of Nigeria is the supreme law of the Federal Republic of Nigeria since 29 May, 1999. Abdulsalam Abubakar- Head of State of Nigeria, a general in Nigeria army was in office between June 1998 and 29 May 1999. It was during his leadership that Nigeria adopted this new constitution. However, the 1999 constitution is largely a re-creation of 1979 constitution with the features of American Presidential System.

THE MAIN FEATURES OF THE 1999 FOURTH REPUBLIC CONSTITUTION ARE:
THE EXECUTIVE PRESIDENT: Presidential system of government was adopted. Executive president is both head of state and government.
Terms of office: He stays in office for four (4) years and can only stay for two terms of office. In summary, he stays in office for eight (8) years only.
The office of the President: To occupy this office, will required the following conditions:
The individual must be at least 35 years of age
Birth: Must be a citizen of Nigeria by birth.

VICE PRESIDENT: The office of the Vice President as second in command was created.
SOVEREIGN IMMUNITY: Section 308 of the constitution provides immunity from court proceedings i.e namely the President and the Vice.
NIGERIA ARMED FORCES: this is the Armed Forces of the Federal Republic of Nigeria. The executive President of Nigeria is the Commander-in-Chief of the force

NATIONAL ASSEMBLY (NASS): A bicameral legislature was established. House of Senate and House of Representative. Composition: Senate-109, Representative-360.
Senate: It as elected President and Deputy President.
Representative: It also has elected speaker and deputy speaker.
Terms of Office: Four (4) years and could be re-elected as members of Senate and House of Representatives.

EXECUTIVE GOVERNORS: each state has an elected Executive Governor. He stays in office for four (4) years and could be re-elected for another term of four years only. There’s a Deputy Governor to assist him.
IMPEACHMENT: Elected political leaders e.g President, Governor, Senate President, House of Representatives Speaker, can be impeached or remove from office, if found to have violated the provisions of the constitution.
Supreme Court: This is the highest court in Nigeria and is located in CHAPTER VII of 1999 Constitution.

COUNCIL OF STATE: It has an organs of the Nigeria government

FREEDOM OF RELIGION: The constitution allows freedom of religion- Christianity and Islam are the two major religions in Nigeria.
Appointment of Ministers: Appointment of ministers (Cabinet) is made by the President with the approval of the National Assembly.
Fundamental Human Rights: These rights are entrenched in the constitution for example, right to life, right to personal liberty, and right to vote and be voted for.

Separation of Power:  the constitution makes the provision for strict separation of powers among the three organs of government- the Executive, the legislative and The Judiciary.
Federal Character: Appointment of political officials in government should not be restricted or segmented, but should spread across the whole country. For example, the appointment of chairmen into federal agency or establishment has to be done to reflect character, so also the appointment of minster.
Legislative Powers: powers were shared between the federal and other tiers of government, State and the local governments.
Renunciation of Citizenship: the right to renounce Nigerian citizenship is established.

DEMOCRATIZATION: this constitution restore democratic rule in Nigeria.

MERITS OF THE 1999 CONSTITUTION

Popularly elected: the executive President, Governors of State are popularly elected by the people.
Fundamental Human Rights: these rights were respected and guaranteed in the constitution.
 Separation Of Powers: Separation of powers was also recognized by this constitution, thereby making for non interference in the activities of each organ.
Supreme Court: Still retained the power of judiciary review. i.e, the power to check the excesses or other unconstitutional activities of other arms of government.
Fixed Terms of office: this will help to remove the tendency of any ruling Party in government perpuating itself in power.
Supremacy of the constitution: the constitution remain supreme and the provision must be respected by all sundry.
Federal Character: this appointment respect the right of both the majority and minority group in the country. It brings in representative from almost different interest group in the country.

DEMERIT OF THE 1999 CONSTITUTION

Costly to run: the constitution operates a Presidential system of government with comprehensive duplication of political function, thereby making it too expensive and costly to run.
Impeachment: the impeachment clause as stipulated in the constitution could be abused by the law-makers. They can use it to victimize a political opponent.
Execution of programme: separation of power could resolved to delay in the implementation or carrying out of government programmes. For example, The National Assembly can delay the approval of budget, ministerial and other appointment to be made by the President.
Refusal of the executive to honour the judgment of the supreme court: the executive can refuse to honour the judgment of the supreme court because of the sovereign immunity.
Activities in Government: this could be brought to a standstill because theres a problem between the executive and the legislature, especially when the ruling party does not have majority sent in parliament.
Concentration of Powers: some critics have both argued that the executive president as both heads of government has too much power concentrated in him. Creating room for abuse of powers.