Relevant bibliographies by topics / Constitution (Nigeria : 1999)

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  2. Dissertations / Theses
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Academic literature on the topic 'Constitution (Nigeria : 1999)'

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Published: 22 February 2023
Last updated: 25 February 2023

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Journal articles on the topic "Constitution (Nigeria : 1999)"

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Emiola, Akintunde, and Idowu A. Akinloye. "Nigeria and the Riddle of Two Constitutions." Africa Journal of Comparative Constitutional Law 2021, no. 1 (2021): 122–41. http://dx.doi.org/10.47348/ajcl/2021/a6.

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This article brings to the fore the problem of two constitutions (the 1963 and the 1999 Constitutions) coexisting in Nigeria. It argues that the ongoing debate on the need for Nigeria’s restructuring may not be resolved until this problem is addressed. By using a historical approach and an analytical research methodology, the article lifts the discourse about restructuring above mere political expediency to the realm of law, which is the only instrument for restructuring. The authors forcefully argue that the 1979 and 1999 Nigerian constitutions are “military unconstitutional constitutions” that lack legitimacy and legal validity. It submits that the 1963 Constitution, which made Nigeria a republican state, was never repealed but was used by the military to govern and it is, therefore, intact, unencumbered and operatable in the country. This paper argues that it is only after reverting to the 1963 Constitution that an honest and sincere search for a valid foundation upon which a truly federal, democratic and just Nigerian society can be built.
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Sule, Ibrahim. "From Freedom of Expression to Freedom of Speech – the Guarantees under the Nigerian Constitution and the Real Challenges." American Journal of Law 4, no. 1 (October 2, 2022): 50–57. http://dx.doi.org/10.47672/ajl.1207.

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Right to freedom of expression is one of the globally recognized fundamental rights guaranteed and protected in many international human rights conventions, charters and other international and regional treaties and instruments. In Nigeria, the right has always been given recognision and specifically provided for in all the Nigeria’s constitutions, including the colonial and pre-independence. Even under the constitutional arrangements under the military governments, the said right is given recognition. Under the 1999 Constitution of Federal republic of Nigeria, the said right has also been prescribed for as one of the rights guaranteed for all Nigerians and anybody on the Nigerian soil. Nevertheless, it is one thing to recognize a right and it is completely another to practically implement the guarantees provided for. The Nigerian constitution is said to have given the said right with one hand and takes it away with another hand. This article critically analyses the right to freedom of expression under the Nigerian Constitution 1999 to discover whether or not the constitution as is being alleged, is really speaking from two sides of its mouth.
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Hasan-Bello, Abdulmajeed. "Sharia in the Nigerian Constitutions: Examining the Constitutional Conferences and the Sharia Debates in the Drafts." Al-Ahkam 29, no. 1 (May 8, 2019): 1. http://dx.doi.org/10.21580/ahkam.2019.29.1.3158.

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<p align="center">The paper examines the socio-ethnic and religious configuration of Nigeria and the nature of Sharia debates in the Nigeria constitutions of 1977/1978; 1988/1989 debates and Constitutional Conference of 1994/1995. The paper argues that the genesis of the Sharia debates can be traced to 1956. The Constitutional Conference of 1994/95 was not bedeviled by a serious acrimonious debate over the Sharia. However, the 1999 constitution brought a new dimension to the issue of the Sharia. To some extent, the enactment of Sharia law in Nigeria is a prime example of the relative success of Nigeria’s multi-state federalism in regards to governing diversity. Particularly the political autonomy to establish a Sharia Court of Appeal with civil jurisdiction on Islamic personal law. The paper concludes that the constitutionalization of the Sharia has subjected it to the vagaries of the political wind and made it easy prey to political fortune-seekers. Thus, the matters relating to religions should be removed from the future deliberative process in the country.</p>
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Okon, Emmanuel E. "The Environmental Perspective in the 1999 Nigerian Constitution." Environmental Law Review 5, no. 4 (December 2003): 256–78. http://dx.doi.org/10.1177/146145290300500403.

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Environmental degradation is bound to increase as long as human population increases and new technologies are invented. In order to arrest the problems of environmental degradation, a number of approaches have been adopted. Among such approaches are the integration of environmental protection policies into development programmes, enactment of comprehensive legislation on all segments of environment and the inclusion of environmental provisions in the constitutions of most countries. Unfortunately, while some countries make their constitutional provisions on environment enforceable, others do not. In Nigeria, indirect environmental provisions were first made part of the constitution in the 1979 Constitution. In 1999, direct environmental provision was entrenched in the 1999 Constitution. Unfortunately, Chapter II of the 1999 Constitution, which contains the environmental provisions, is unenforceable. While the Nigerian courts have done nothing tangible to enforce the provisions of the constitution on environment, on the other hand, the Indian courts have taken positive steps to enforce provisions of the Indian Constitution on environment. In conclusion, apart from other suggestions made, it is strongly recommended that Nigerian courts should emulate the efforts made by Indian courts to enforce provisions of the Indian Constitution on environment. The world has moved far away from the era when it was believed that the only rights which a government is called upon to guarantee and protect are the natural rights of man. By living in nation-states and in organised communities, man has acquired new rights, which are now regarded by many civilised countries as just as inalienable as those rights with which nature endows him at birth. The right to education and work are among such rights. Increasingly important in some countries is the addition of the right to a decent and healthy environment to these newly acquired rights.1
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Ukoh, Francis N. Ukoh, and Rita A. Ngwoke. "Immunity Clause under the 1999 Constitution of Nigeria: A Dire Need for Reform." Journal of Politics and Law 14, no. 2 (December 27, 2020): 47. http://dx.doi.org/10.5539/jpl.v14n2p47.

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Immunity clause as enshrined under section 308 of the 1999 Constitution of the Federal Republic of Nigeria has generated protracted controversies for and against its inclusion in the rubrics of Nigerian constitutional laws. This paper considers widespread corruption by Nigerian leaders, shielded by the immunity clause. It explains the need for reform to curtail the anomaly wherein absolute executive immunity is provided for leaders in Nigeria. The paper maintains that there should be equality before the law, hence, the possible prosecution and appearance of a sitting President, Vice President, Governors and Deputy Governors in some criminal and civil matters drawing from other jurisdictions.
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Iwobi, Andrew Ubaka. "Tiptoeing through a constitutional minefield: the great Sharia controversy in Nigeria." Journal of African Law 48, no. 2 (October 2004): 111–64. http://dx.doi.org/10.1017/s0021855304482023.

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Since the restoration of civilian rule in Nigeria in 1999, the governments of various Northern states have initiated reforms designed to remodel their legal systems in conformity with the Sharia. An issue which has generated intense controversy, especially in legal and political circles, is whether these reforms are consistent with certain key provisions of the 1999 Constitution. This study begins by tracing the historical process through which the application of the Sharia has emerged as a matter of profound constitutional importance in Nigeria. This is followed by a detailed analysis of specific provisions of the 1999 Constitution which are considered to have a direct bearing on the constitutionality of the Sharia reforms. Particular attention is paid to those provisions which proclaim the supremacy of the Constitution, prohibit the adoption of a state religion and prescribe the jurisdiction of various courts. Consideration is also given to the effect of various fundamental rights guaranteed by the Constitution on the Sharia penal regimes introduced as part of the reforms. The study demonstrates that various facets of the reforms are difficult to reconcile with the 1999 Constitution and concludes that fundamental constitutional reforms will be required to redress this state of affairs.
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Jegede, Ademola Oluborode. "Bridging the Peace Gap in Nigeria: The Panel of the Wise as a Constitutional Essential." Journal of African Law 60, no. 2 (February 15, 2016): 264–88. http://dx.doi.org/10.1017/s0021855316000012.

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AbstractSince Nigeria's return to democratic governance in 1999, violent conflicts around identities including religion, ethnicity, indigene / settler differentiation and resource control remain a challenge to peace. Thus far, government responses lack a normative framework to motivate consistent intervention and foster peace. While Nigeria's 1999 Constitution identifies peace as a common aspiration, there is a lack of a non-adversarial institutional mechanism to address violent conflicts related to identity. Despite its limited relevance, the visible institution for conflict management is the court. This article argues for the need to establish a panel of the wise, a conflict and peace intervention mechanism, as an “essential” element of the Nigerian Constitution. It then explores key considerations regarding the proposed panel, in terms of its composition, functions and legal status to intervene in the management of violent conflicts associated with identity and fostering peace in Nigeria.
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Okany, D. O., i, Ugochukwu Charles Kanu, and Leonard Ibekwe Ugwu. "Heralding an Equitable Union in Nigeria: Scrutinizing the Impact of the 1999 Constitution of the Federal Republic of Nigeria (As Amended)." Scholars International Journal of Law, Crime and Justice 5, no. 9 (September 27, 2022): 388–96. http://dx.doi.org/10.36348/sijlcj.2022.v05i09.009.

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The antiquity of the Federal Republic of Nigeria is replete with the search for effective and efficient models of governance to aid harmonious co-existence among the federating units. This has unfortunately led to an unending discussion on constitutional restructuring. The Legal framework and the institutions charged with the responsibilities of developing these models is and are established by the 1999 Constitution of the Federal Republic of Nigeria (as amended). Nigeria is increasingly becoming a theatre of war and terrorism centre where human life is not valued. Nigeria is stressed and distressed, with ‘revolutionary pressures’ everywhere. How did we get to this gridlock? How do we get out of it? And where do we go from here? Why is a country that was once ranked with India, Malaysia, Singapore, and South Korea still moving in circles instead of moving up? Why are we still a country in transition, more than a century after the Amalgamation? Are we fated to be a banana republic? This paper is to examine, cross-examine and re-examine these and other questions. It is the view of the researchers that all though the 1999 Constitution of the Federal Republic of Nigeria (as amended) is not a perfect document, the major problem is that those saddled with the responsibility of implementing the provisions of the constitution are allowing the primordial sentiments of ethnicity and religious inclinations to becloud their sense of patriotism and nationhood, hence the constitution is implemented more in breach and default. There is therefore the need for a mental re-orientation and national re-birth to forge a greater sense of unity among the diverse ethnic groups that make up the Nigerian nation. The paper concludes by suggesting for the rapid mental renovation of political office holders and all citizens to embrace the rule of law where justice, fairness, and equity will regulate human conduct. This will ultimately metamorphosed into building a strong institution rather than strong personalities in Nigeria. The researchers ultimately advocates for sincere implementation of the provisions of the constitution as it is, pending constitutional amendment. The research methodology utilized by the researchers is the Qualitative Research methodology.
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Ogowewo, Tunde I. "Why the judicial annulment of the Constitution of 1999 is imperative for the survival of Nigeria's democracy." Journal of African Law 44, no. 2 (2000): 135–66. http://dx.doi.org/10.1017/s0021855300012195.

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The article calls for the alteration of the present risk-benefit calculus of would-be coup plotters that may wish to subvert Nigeria's democracy, by arguing for the introduction of an ex ante risk of ex post prosecution for successful usurpations. The prosecution of those that subverted Nigeria's democracy on 31 December, 1983, will alter the present risk-benefit calculus, which is skewed in favour of coup plotting. Since such a prosecution will not succeed if the constitution imposed on Nigeria by its last military rulers continues to be accepted as valid, the article furnishes the legal basis for its judicial annulment and the consequent unearthing of the Constitution of 1979. By demonstrating that the Constitution of 1999 is a sham, it becomes evident that the judiciary has a duty under the Constitution of 1979 to pronounce this document as null and void.
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Oniemola, Peter, and Oyinkan Tasie. "Engendering Constitutional Realization of Sustainable Development in Nigeria." Law and Development Review 13, no. 1 (February 25, 2020): 159–91. http://dx.doi.org/10.1515/ldr-2018-0079.

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AbstractThis article examines the relevant provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) that appear to be in tune with the tenets of sustainable development, which has received much attention at both international and municipal levels. It was found that the relevant aspects of the Constitution on sustainable development are contained in Chapter Two of the Constitution under the fundamental objectives and directive principles of state policy, which include environmental, economic and social objectives. The constitution provides for their non-justifiability to the effect that the court shall not entertain any question on implementation of the objectives. Therefore, constitutional basis for sustainable development in Nigeria has been whittled down. It is contended that given the importance of sustainable development to the well-being of Nigerians and the future generations, it is expedient that the provisions of Chapter Two of the constitution relevant to sustainable development be made justiciable in Nigeria.
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Dissertations / Theses on the topic "Constitution (Nigeria : 1999)"

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Mamman, Tahir. "The law and politics of constitution making in Nigeria, 1900-1989 : issues, interests and compromises." Thesis, University of Warwick, 1991. http://wrap.warwick.ac.uk/108216/.

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This thesis is a study of the constitution making processes in Nigeria from the colonial inception to the 1989 Constitution which is scheduled to usher in a putative third republic. Although apparently covering a wide scope, its boundary is limited by its perspective. Constitution making in any polity is essentially a political process where all the major, relevant and active interests seek to protect and advance themselves. Consequently, the focus of the research is on determining these competing interests, their interactions, compromises, winners and losers, etc. Attempts were made to provide the criteria for class identification in Nigeria to serve as a guide for determining class based action. The value of the work is threefold. First, it makes a modest but important contribution to an ongoing debate on whether or not Nigeria's post independence constitutional processes in particular were grounded in class interest, in the tradition of Charles Beard's interpretation of the constitution of the U.S.A. Second, it disputes and in large measure seeks to contradict some of the earlier widely held assumptions and assertions regarding the making of some of the constitutions, especially the Macpherson Constitution, 1951.Finally, it attempts to provide a complete and realistic account of the constitutional evolution of Nigeria less the military rule, from its inception as a country up to 1989. The method of investigation was largely analytical using official records, official reports, communications of key officials, biographical data, etc. Theoretical guidance was significantly drawn from political economy writings in politics, history and law. Eventually, the analysis revealed the existence and interplay of important interest configurations, reducing class to a subtle rather than an obvious phenomenon in the constitutional process. But overwhelmingly, the entire process was elitist and self serving with the mainstream of the population left in the margin in the composition of the constitutional bodies, the setting of agenda and the institutions and mechanisms established for governing the country. Finally, it found that there was a great deal of continuity of the values and institutions established for colonial ends with little or no will manifested in the constitutional process to break with the past. Rather what transpired was an expansion of institutions and creation of formulae in the constitution to accommodate a new breed of elites who were able to manipulate potential cleavages in the society to serve personal ends.
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Anucha, Dominic Uka. "The impact of constituent assemblies (1978- 1995) on nigerian constitutions and political evolution." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 2010. http://digitalcommons.auctr.edu/dissertations/218.

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This dissertation addresses the issues of crafting a constitution for Nigeria that would meet the criteria of being visible, sustainable, and durable for national political unity, social and economic development. Specifically, it focuses on the years 1978 — 1995 during which several high profile systematic, constitution crafting exercises were undertaken. These included the establishment of a Constitution Drafting Committee to craft a constitution, and a Constituent Assembly. Ultimately, these exercises have proven to be only partially successful. The goal of producing an endurable constitutional framework for Nigerian politics remains elusive. The two core questions pursued in this dissertation focus on: Why did the military pursue these constitution crafting activities? What are the pressing political issues that the constitutional framework will have to manage? The dissertation pursued these issues through surveys, interviews, a review of government documents and reports, participant observation, and a review of existing literature regarding constitution development, federalism and Nigerian history and politics. Key research findings uncovered pressing political concerns ranging across ethnic fears, gender and youth concern, institutional restructuring and economic subordination. Our findings also related to the elite background of participants in these constitutional exercises, and the intrusion of religion, class, and geographical interests into the deliberations of the assemblies. The continued violation of constitutional provisions by the military was highlighted. The widespread call for a Sovereign National Constitutional Conference to shape a new popular constitution for the country was also a prominent concern. Key recommendations focus on the need for a national constitutional conference free of political interference and constricting mandates.
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Books on the topic "Constitution (Nigeria : 1999)"

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Citizens' Forum for Constitutional Reform (Nigeria). Position of Citizens' Forum for Constitutional Reform on the 1999 Constitution. Lagos: Citizens' Forum for Constitutional Reform, 2004.

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Anyaegbunam, E. Obusom. Essentials of the Nigerian 1999 Constitution (as amended). Bodija, Ibadan: African Centre for Parliamentary and Constitutional Studies, 2014.

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Constitution of the Federal Republic of Nigeria, 1999. Apapa, Lagos [Nigeria]: Federal Govt. Press, 1999.

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(Nigeria), Citizens' Forum for Constitutional Reform. Harmonised model constitution: 1999 Nigerian Constitution, Fourth Republic Presidential Technical Committee's model constitution, First Term (Fourth Republic) National Assembly's model constitution, Citizen's Forum for Constitutional Reform model constitution (C.F.C.R.). Lagos: Citizen's Forum for Constitutional Reform, 2004.

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Akande, J. O. Debo (Jadesola Olayinka Debo), 1940-, ed. The Constitution of the Federal Republic of Nigeria 1999. Lagos: MIJ Professional Publishers, 2000.

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Aturu, Bamidele. Nigerian labour movement and the making of an authentic constitutional framework for development of Nigeria. Lagos: Kolagbodi Memorial Foundation, 2010.

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Kuye, Omowale. A review of the 1999 Constitution of the Federal Republic of Nigeria. Ibadan, Nigeria: Fountain Publications, 2001.

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Nigeria's federalism and the division of powers under the 1999 constitution. [Uyo, Nigeria ]: [Modern Business Press Ltd.], 2005.

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Nigerian Bar Association. Ikeja Branch, ed. Burning issues in the 1999 Constitution: An NBA (Ikeja Branch) special publication on the issues in controversy in the Constitution of the Federal Republic of Nigeria, 1999. Ikeja-Lagos: Nigerian Bar Association (Ikeja Branch), 2000.

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Report of the Presidential Committee on the Review of the 1999 Constitution. Abuja: The Committee, 2001.

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Book chapters on the topic "Constitution (Nigeria : 1999)"

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Ogunde, Oluwafifehan. "Democracy and Child Rights Protection." In Defending Human Rights and Democracy in the Era of Globalization, 123–44. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-0723-9.ch006.

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The doctrine of constitutional supremacy is well entrenched in Nigerian constitutional and administrative law. A plethora of cases exists to establish the constitution as the supreme law-making instrument in Nigeria. This principle derives strength from a presumption that the constitution is reflective of the will of the people, as is expected under a democratic system of government. The aim of this chapter is to consider the relationship between human rights and democracy in the context of the Nigerian constitution. The first part of this chapter will be a brief overview of the Nigerian constitutional history leading up to the 1999 Constitution of the Federal Republic of Nigeria (as amended). The author will then proceed to examine the 1999 constitution in the context of child rights. The significance of constitutional peculiarities in the context of child rights protection will be considered with reform measures suggested to address any emergent complexities.
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Akogwu, Agada. "A Critical Interrogation of the Same Sex Marriage Prohibition Act 2013 Against the Backdrop of the Human Rights Provisions of the Nigerian Constitution." In Global Perspectives on the LGBT Community and Non-Discrimination, 110–21. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-6684-2428-5.ch005.

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That Nigeria ranks among the most homophobic countries globally is not in doubt. Africa's most populous nation took its ‘enviable' position in the comity of homophobic nations of the world with the passage of the Same-Sex Marriage (Prohibition) Act in the year 2013. With the passage of the SSMPA, sexual minorities in Nigeria not only find themselves in a complex situation, but also on an apparent collision course with the 1999 Constitution of the Federal Republic of Nigeria (CFRN). The complex dilemma being confronted by sexual minorities in Nigeria is therefore the choice between exercising their right to fully express themselves in line with their right to sexual orientation and becoming vulnerable to criminal prosecution in accordance with the provision of Nigeria's plethora of homophobic laws or obeying the dictates of homophobic laws. The Nigerian Constitution is regarded as the paramount law of the land, the grundorm, from which all other laws derive their legality and legitimacy.
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Suberu, Rotimi. "Nigeria’s Permanent Constitutional Transition." In Territory and Power in Constitutional Transitions, 181–201. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198836544.003.0010.

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This chapter examines how Nigeria has made the transition under military rule from a relatively decentralized, parliamentary federation comprised of four ethnic regions to a centrist, presidential federalism with thirty-six states. It first provides a historical background on Nigeria’s constitutional evolution between 1914 and 1999 before discussing the period of constitutional engagement, focusing on the military’s Constitution-making procedures and especially its territorial restructuring initiatives, its centralization of constitutional functions and fiscal resources, its constitutional choice of a executive presidential system of government, and its establishment of the so-called agencies of restraint. The chapter also considers the outcomes of the military’s constitutional reforms and concludes with an analysis of lessons that can be drawn from the Nigerian case. In particular, it highlights the challenges that have developed since the return of civilian rule, giving rise to a relentless constitutional politics that underscores the permanent or continuous nature of Nigeria’s constitutional transition.
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"Constitutional and Electoral Framework." In The National Assembly and Presidential Elections in Nigeria, 20 and 27 February 1999, 15–22. Commonwealth, 1999. http://dx.doi.org/10.14217/9781848596962-4-en.

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Kirk-Greene, Anthony. "1 The Remedial Imperatives of the Nigerian Constitution, 1922-1992." In Transition Without End, 31–54. Lynne Rienner Publishers, 1997. http://dx.doi.org/10.1515/9781685856199-004.

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Conference papers on the topic "Constitution (Nigeria : 1999)"

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Sijuola, Rasaq. "Inclusive Education for People Living with Disabilities in Nigeria." In 15th International Scientific Conference "Rural Environment. Education. Personality. (REEP)". Latvia University of Life Sciences and Technologies. Faculty of Engineering. Institute of Education and Home Economics, 2022. http://dx.doi.org/10.22616/reep.2022.15.018.

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Achieving inclusive education is one of the lofty goals set by the United Nations which was, then, passed down to individual nations around the globe. It is believed that inclusive education has great benefits for individuals and society at large. However, its level in developing nations, Nigeria inclusive, is still very low. The aim of this paper was to assess how inclusive education for people living with disabilities can be achieved in Nigeria. To achieve this aim, a theoretical research method was employed. The methods enabled a systematic literature review to be done in this study. To this end, several published studies were reviewed and explored to draw out significant lessons for inclusive education and identify possible actionable steps the government could take on inclusive education. The study results revealed that the level of inclusive education was still very low and far from the expectations of its advocates. While the Nigerian government supported the idea of inclusive education and enshrined the rights of people living with disabilities in the 1999 constitution, sufficient actionable steps are yet to be taken to achieve inclusive education. Similarly, inclusive education faced severe challenges in the country in the form of low levels of infrastructure and teaching materials and resources. The living conditions of people living with disabilities were poor because cultural beliefs and myths about them enable people to treat them poorly and shabbily. These findings are significant to inclusive education advocates and policymakers in the country because they help them to understand the poor level of inclusive education in the country, and poor governmental efforts towards inclusive education; re-evaluate their existing approaches, and design better approaches for the course of inclusive education.
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