UNIT 1

DEFINITION OF CONSTITUTIONAL LAW

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely the executive, the legislature, and the judiciary. It also outlines the rights and duties of the citizens and the framework for the relationship between the state and the individuals. In Nigeria, the primary source of constitutional law is the Constitution of the Federal Republic of Nigeria 1999 (as amended).

SCOPE OF CONSTITUTIONAL LAW

The scope of constitutional law includes:

1. Organization and powers of government: This involves the structure and functioning of the executive, legislative, and judicial branches of government. It defines their powers, duties, and the interrelationship between them. See the case of Attorney General of Bendel State v. Attorney General of the Federation (1981) 10 SC 1 where the court dealt with the distribution of powers between the federal and state governments.
2. Fundamental rights: Constitutional law protects the fundamental human rights of citizens, such as the right to life, freedom of speech, and freedom of assembly. These rights are enshrined in Chapter IV of the Nigerian Constitution. See the case of Fawehinmi v. Abacha (2000) 6 NWLR (Pt. 660) 228 where the court upheld the fundamental rights of the applicant against unlawful detention.
3. Rule of law: This principle ensures that all actions of the government are conducted within the framework of the law. See the case of the Governor of Lagos State v. Ojukwu (1986) 1 NWLR (Pt. 18) 621 where the court emphasized the supremacy of law over arbitrary actions by government authorities.
4. Judicial review: The judiciary has the power to interpret the constitution and to declare any law or executive action that is inconsistent with the constitution null and void. See the case of Olafisoye v. Federal Republic of Nigeria (2004) 4 NWLR (Pt. 864) 580 where the court demonstrated the exercise of judicial review by the Nigerian courts.

TRADITIONAL CONCEPT OF CONSTITUTIONAL LAW

The traditional concept of constitutional law revolves around the creation of a written document (the constitution) which outlines the fundamental principles and establishes the framework of governance. Key elements include:

1. Supremacy of the constitution: this is where the constitution is regarded as the highest law of the land, and any law or action inconsistent with it is null and void. See the case of A.G. Abia State v. A.G. Federation (2002) 6 NWLR (Pt. 763) 264 where the court upheld the supremacy of the Nigerian Constitution.
2. Separation of powers: this talks about the division of governmental powers among the executive, legislative, and judicial branches to prevent the concentration of power and provide checks and balances. See the case of Lakanmi v. A.G. Western Region (1971) 1 UILR 201 where the court highlighted the importance of separation of powers in Nigeria.
3. Federalism: this is a system where multiple levels of government (federal and state) coexist, each with its own defined powers and responsibilities. See the case of A.G. Lagos State v. A.G. Federation (2003) 12 NWLR (Pt. 833) 1 where the court addressed the issue of power distribution in a federal system.

SOURCES OF A CONSTITUTION

1. Written constitution: this is a formal document that outlines the structure of government, the powers of various branches, and the rights of the citizens. The Nigerian Constitution is an example of a written constitution.
2. Unwritten constitution: this is composed of statutes, common law, and conventions that are not consolidated into a single document. The United Kingdom is an example of a country with an unwritten constitution.
3. Judicial decisions: these are court judgments that interpret and apply constitutional provisions and can become a source of constitutional law. See the case of Marwa v. Nyako (2012) 6 NWLR (Pt. 1296) 199 where the court provided judicial interpretation on the tenure of elected officials under the Nigerian Constitution.
4. Customs and conventions: these are established practices that, although not legally binding, guide the conduct of government affairs. See the practice of rotational presidency in Nigeria, though not codified, has become an important convention in Nigerian politics.

FEDERALISM

Federalism is a system of government where power is divided between a central authority and constituent political units (states or regions).
In Nigeria, federalism is a key feature of the constitutional arrangement. The Nigerian Constitution allocates powers between the federal government and the state governments, ensuring a balance that promotes unity while allowing regional autonomy. Federalism includes the following key elements;

1. Division of powers: this is where the Nigerian Constitution provides for a division of powers between the federal and state governments in the Exclusive Legislative List, Concurrent Legislative List, and Residual Powers. See the case of Attorney General of Lagos State v. Attorney General of the Federation (2003) 12 NWLR (Pt. 833) 1 where the court explored the division of legislative powers between federal and state authorities.
2. Autonomy of states: this is where each state has its own government and constitutionally defined powers, which it exercises independently of the federal government. See the case of A.G. Ogun State v. Aberuagba (1985) 1 NWLR (Pt. 3) 395 where the court addressed the issue of state autonomy in the context of tax regulation.
3. Intergovernmental relations: this happens where federalism requires mechanisms for cooperation and conflict resolution between different levels of government. See the case of A.G. Abia State v. A.G. Federation (2002) 6 NWLR (Pt. 763) 264 where the court dealt with conflicts arising from the distribution of revenue among states.

CONCLUSION

In conclusion, constitutional law in Nigeria is a comprehensive body of principles and rules that define the structure and operation of government, the rights of individuals, and the relationship between the state and its citizens. The sources of constitutional law include the written constitution, judicial decisions, and customs, while federalism plays a crucial role in the distribution of powers within the Nigerian state.