Sources Of Nigerian Constitution And Law

Every country including Nigeria has its own law. These laws are usually written in a legal document called the constitution. Nigeria has a constitution and the constitution validates every institution in the country. The constitution also contains the rights and duties of every Nigerian. The Nigerian Constitution is supreme as it helps the 3 arms of government govern the country.

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Major Sources Of The Nigerian Constitution

There are several ⭐sources of the Nigerian constitution⭐ that the Nigerian constitution was adopted from. They include sources such as written constitution documents, customary law, historical documents, international law, law made by the legislative arm of the government.

Laws Made By The Legislative Arm Of Government

The legislative arm make the law in Nigeria. The Nigeria legislative arm at the Federal level is made up of the House of Representative and the Senate with 360 Honourables and 109 Senators respectively. There is a state House of Assembly in all the 36 states of Nigeria. The legislators make law at either the state level or the federal level.

Written Constitution Documents And Previous Constitutions

Nigeria has over the years several written laws. Different constitutions were made at different period of time. Before a new constitution is produced, there will be a need to review the current one. The current constitution used by Nigeria was enacted on 29 May 1999.

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Customary Law

Customs are rules that have existed from time immemorial and has obtained the force of law in a particular locality. They are usually reviewed and have to be accepted generally before being integrated into the new constitution. If some customs are not widely accepted, they may not be part of the written constitution but will be obeyed by the members of the society that have such custom.

Writing Of Eminent Lawyers And Jurists

Writings on eminent lawyers such as Chief Obafemi Awolowo who wrote “Thoughts on Nigerian Constitution”, Chief Anthony Enahoro who wrote “Constitutional Practices in Nigeria” and Chief ERA. Williams “Constitutional Laws” are some of the sources of the constitution. Some of these lawyers were involved in governance at some point in Nigeria and held political positions at a point. They were respected when they were alive and defended the interest of Nigeria and Nigerians at some point in time. Other lawyers & jurists who have distinguished themselves particularly in the field of law and are regarded as authorities in this field are also sources of the constitution.

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International Laws

Most fundamental human rights are derived from International law. Other materials needed for a country to make its constitution can be derived from several international laws. These laws are usually generic in nature and have become the standard accepted by most nations of the world. Citizenship of a country by birth or from a child parents is one that can also be said to be derived from international law.

The Nigeria constitution also has the British law as one of its sources. This is because they were the colonial masters of Nigeria and the country government was initially modelled after them. The British were the ones who named the country, Nigeria.

Historical Documents

Nigeria constitutions have historical documents as one of its sources. Decisions and verdicts made by the courts especially the Supreme Court are part of documents used when making the Nigeria constitution.

Other sources of the Nigerian constitution include

• Independence and constitutional conferences
• Organic laws (Special legislative rules that fill the gaps left by the written constitutional document in the determination of constitutional rules)