UNIT 3

CONSTITUTIONAL SUPREMACY

Constitutional supremacy is a principle that establishes the constitution as the supreme law of the land, meaning all laws, policies, and actions of government must conform to it. Any law or action that contradicts the constitution is invalid. The 1999 Constitution of the Federal Republic of Nigeria explicitly states the supremacy of the constitution in several sections. See section 1(1) which provides that this Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria and section 1(3) which provides that if any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void. See also the case of A.G. Abia State v. A.G. Federation (2002) 6 NWLR (Pt. 763) 264 where the Supreme Court held that the constitution is the grundnorm and any other law that is inconsistent with it is null and void and the case of Marwa v. Nyako (2012) 6 NWLR (Pt. 1296) 199 where the Supreme Court emphasized the supremacy of the constitution, stating that no individual or government institution has the power to act outside its provisions and see also the case of Madukolu v. Nkemdilim (1962) 2 SCNLR 341 where the court highlighted that any action taken outside the provisions of the constitution is invalid.

SCOPE OF CONSTITUTIONAL SUPREMACY

The scope of constitutional supremacy extends to all branches of government: the executive, legislature, and judiciary and it ensures that:

1. The constitution is the highest law.
2. Government powers are limited by the constitution.
3. Citizens' rights are protected by the constitution.
4. Any law inconsistent with the constitution is void to the extent of the inconsistency.

IMPLICATIONS OF CONSTITUTIONAL SUPREMACY

1. Judicial review: this is where the courts have the power to review laws and actions to ensure compliance with the constitution.
2. Checks and balances: this is where each branch of government is limited by constitutional boundaries, ensuring no branch exceeds its authority.
3. Protection of rights: this is where the fundamental rights enshrined in the constitution are safeguarded against infringement by any law or action.

PARLIAMENTARY SUPREMACY

Parliamentary supremacy, also known as parliamentary sovereignty, is a principle where the legislature holds supreme power over all other government institutions, including executive and judiciary. Under this system, the parliament can make or repeal any law, and no other body can challenge its authority. Parliamentary supremacy is characterized by the absolute authority of parliament to legislate on any subject, the inability of courts to question the validity of parliamentary enactments and the principle that no parliament can bind its successors. However, in Nigeria, the principle of parliamentary supremacy is limited by the supremacy of the constitution. The Nigerian legislative bodies, including the National Assembly, must operate within the framework of the constitution.

THE RELATIONSHIP BETWEEN CONSTITUTIONAL AND PARLIAMENTARY SUPREMACY IN NIGERIA

In Nigeria, the interplay between constitutional and parliamentary supremacy reveals a complex legal landscape where the constitution is the ultimate authority. The legislature, while possessing significant power to enact laws, must do so within the confines of constitutional provisions. This relationship ensures that no single branch of government can exceed its constitutionally granted powers, thereby maintaining a system of checks and balances. See the case of A.G. Lagos State v. A.G. Federation (2003) 12 NWLR (Pt. 833) 1 where the court highlighted the supremacy of the constitution over federal and state legislative actions, reinforcing the principle that all legislative powers are subject to constitutional limits and the case of Nigerian Civil Service Union v. Essien (1985) 3 NWLR (Pt. 12) 306 where the court invalidated a legislative act that attempted to infringe on workers' constitutional rights, emphasizing that legislative powers must be exercised within constitutional boundaries and see also the case of Ugwuegbu v. A.G. Imo State (1988) 1 NWLR (Pt. 72) 539 where the court demonstrated judicial willingness to uphold constitutional supremacy by declaring state legislation inconsistent with constitutional provisions null and void.

BALANCING POWERS

The Nigerian legal framework ensures a balance between the powers of the legislature and the overarching authority of the constitution. Key aspects of this balance include:

1. Judicial oversight: this is where the courts have the authority to review legislative actions and strike down laws that are inconsistent with the constitution. This mechanism acts as a check on parliamentary power.
2. Legislative accountability: this is where the legislature is accountable to the constitution, ensuring that laws enacted reflect constitutional values and principles.
3. Protection of fundamental rights: this is where the constitution enshrines fundamental rights that cannot be overridden by parliamentary action, thereby protecting individual liberties against potential legislative overreach.

PRACTICAL IMPLICATIONS OF CONSTITUTIONAL SUPREMACY OVER PARLIAMENTARY SUPREMACY IN NIGERIA

The practical implications of constitutional supremacy over parliamentary supremacy in Nigeria are significant. Some of these include:

1. Constitutional amendments: Any changes to the constitution require a rigorous process, often involving both legislative action and public approval through referenda or state assemblies, reflecting the higher status of the constitution.
2. Judicial interventions: this is where the courts regularly intervene to ensure that legislative actions do not violate constitutional provisions. Landmark cases often set precedents that guide future legislative conduct.
3. Legislative prudence: this is where legislators must exercise prudence, ensuring that proposed laws align with constitutional mandates to avoid judicial nullification.

CONSTITUTIONAL SAFEGUARDS AND LEGISLATIVE RESPONSIBILITIES

Nigeria's legal system incorporates several safeguards to uphold constitutional supremacy while allowing the legislature to perform its essential functions which includes:

1. Constitutional review mechanisms: this is where periodic reviews and amendments of the constitution ensure that it remains relevant and reflective of societal values, without undermining its supremacy.
2. Legislative training and awareness: this is where ongoing education and training for legislators on constitutional provisions and their implications help prevent inadvertent violations and promote adherence to constitutional mandates.
3. Public participation: this is where encouraging public participation in the legislative process ensures that laws reflect the will of the people, aligning legislative actions with constitutional values.

CONCLUSION

In conclusion, while parliamentary supremacy allows the legislature significant powers to make and repeal laws, in Nigeria, these powers are subject to the overarching authority of the constitution. Constitutional supremacy ensures that all legislative actions conform to constitutional principles, protecting individual rights and maintaining a balance of power among the branches of government. This interplay between constitutional and parliamentary supremacy is crucial for sustaining a democratic and just legal system in Nigeria, ensuring that the constitution remains the bedrock of governance and the ultimate safeguard of citizens' rights.