Relevant bibliographies by topics / Constitutional history – Nigeria

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters

Academic literature on the topic 'Constitutional history – Nigeria'

Author: Grafiati
Published: 4 June 2021
Last updated: 11 February 2022

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Journal articles on the topic "Constitutional history – Nigeria"

1

Peters, Dele. "The Domestication of International Human Rights Instruments and Constitutional Litigation in Nigeria." Netherlands Quarterly of Human Rights 18, no. 3 (September 2000): 357–78. http://dx.doi.org/10.1177/092405190001800304.

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Nigeria has had a chequered history of human rights. Since its attainment of political independence from the British about four decades ago, the country has experienced series of military coup and coup d'etat, and about three decades of military ride. Those periods of military interregnum marked the peak of human rights abuse and abridgement in the country. Even the short periods under democratic dispensation were not entirely without some measures of human rights violations. All these were notwithstanding the fact that some international human rights instruments have been domesticated in the country. This article focuses on how the Nigerian Judiciary has responded to some of these domesticated international human rights instruments in matters brought before them for adjudication.
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Hammed, Hanafi A., and Wahab O. Egbewole. "Re-Emergence of Shari'ah Penal Law in Northern Nigeria: Issues and Options." ICR Journal 8, no. 3 (July 15, 2017): 368–85. http://dx.doi.org/10.52282/icr.v8i3.180.

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It was in quest of political legitimacy as well as religious purity that former governor of Zamfara state, Senator Sani Ahmed Yerima, started a crusade in 1999 to re-establish Shariah. That initiative immediately found spacious reverberation with many Muslims. For the clerics, it was an opportunity to restore a religious and moral heritage that had been suppressed after colonial conquest. Many people saw Shariah as an instrument for achieving a just, safe, compassionate and less corrupt society. Thus, the Zamfara governments actions were soon taken up by other states, whose governors followed with varying degrees of enthusiasm. The federal government, however, declared Shariah to be incompatible with the constitutional guarantee of freedom of religion. The northern governors responded by highlighting that the same constitution vested in states concurrent powers to establish their own court systems. The writers develop this narrative and look into the constitutional provisions that guarantee freedom of religion and international and national judicial decisions where the right of religion has been vindicated.
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Abdulai, Emmanuel Saffa. "Constitutional Theories, International Legal Doctrines and Jurisprudential Foundation for State of Emergency." IALS Student Law Review 8, no. 1 (March 3, 2021): 3–18. http://dx.doi.org/10.14296/islr.v8i1.5266.

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The conceptualisation of a state of emergency has emerged in the discourse of politics, international human rights and constitutional law as the most potent threat to the full realisation and implementation of constitutional and international human rights. During the ongoing COVID-19 pandemic, state of emergency has become a tool for the violation of fundamental human rights not only in the West African region, but globally. This article seeks to examine the concept of state of emergency in international law and constitutional jurisprudence in order to understand whether recent claims of many governments declaring states of emergency can be justified. This article analyses and reviews the constitutional history of the use of state of emergency in Europe, United States and eventually three West Africa counties in Ghana, Nigeria and Sierra Leone.
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Hargreaves, J. D. "African History: The First University Examination?" History in Africa 23 (January 1996): 467–68. http://dx.doi.org/10.2307/3171957.

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The first generation of history students from Africa to graduate from British universities inevitably had to face extended examinations, with specialized papers largely centered on European history. When Kenneth Onwuka Dike arrived in Aberdeen University in 1944 he had already contended successfully at Fourah Bay College with the Durham syllabuses for the General BA. Now, however, thanks to the goodwill of Professor J. B. Black (best known as author of The Reign of Elizabeth in the standard Oxford History of England), he obtained permission to sit what was probably the first examination on the history of tropical Africa to be set by any European university.In a lecture delivered almost thirty years later Dike recalled:cautiously approaching my Head of Department, the late Professor J B Black, and mildly protesting that of the thirteen final degree papers I was required to offer in the Honours School of History, not a single paper was concerned with the history of Black people. I requested that in place of the paper on Scottish constitutional law and history, which I found intolerably dull, I should be permitted to offer the History of Nigeria. The old professor took off his glasses, uttered not a word, but from the way he looked at me demonstrated that he was not a little shocked by my temerity, nevertheless, and after a series of animated discussions, the Department of History, to its great credit, accepted my proposal. Since there was no one competent to teach Nigerian history at Aberdeen, they sent me to Oxford during the summer months to study under Dame Margery Perham and Professor Jack Simmons.
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Ojwang, J. B. "A Constitutional History of Nigeria by B. O. Nwabueze London, Hurst, 1982. Pp. xiii + 272. £12.50. £5.75 paperback." Journal of Modern African Studies 23, no. 1 (March 1985): 172–74. http://dx.doi.org/10.1017/s0022278x00056640.

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Ijaiya, Hakeem, and Hakeemat Ijaiya. "Child Custody (Hadanah) in Islamic Family Law: An Anatomy of Women's Right in Nigeria and Malaysia." ICR Journal 9, no. 1 (September 22, 2020): 66–75. http://dx.doi.org/10.52282/icr.v9i1.138.

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The Quran, the Hadith and the Shari’ah recognise the rights of women to custody of their children when they are no longer with their husband, provided they do not remarry. This right is known as hadanah. The study examines the conditions for the award of hadanah in Nigeria and Malaysia with a view to determining whether its practice is in conformity with the Islamic injunctions. The qualitative approach is used. The qualitative approach includes content, deductive, and inductive analysis as well as comparative method. The references used in this study are the primary and secondary sources. Both materials are analysed accordingly to get the information related to this study. The paper found that women in Nigeria and Malaysia are subjected to ill treatment due to misconceptions about hadanah as an Islamic practice. The study found that women are disadvantaged when securing divorce and custody of their children. The paper concludes that the practice of hadanah in both countries contravenes the constitutional provisions on gender equality. The study recommends that legislative measures be put in place in Nigeria and Malaysia to address the pitfalls of gender-bias.
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Suberu, Rotimi T. "Strategies for Advancing Anticorruption Reform in Nigeria." Daedalus 147, no. 3 (July 2018): 184–201. http://dx.doi.org/10.1162/daed_a_00510.

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A vast literature documenting the structural embeddedness, grotesque scale, and devastating consequences of political corruption in Nigeria threatens to overshadow the tenacity of the country's anti-corruption “wars,” the recent gains in controlling electoral corruption, the development of a robust national discourse about improving the effectiveness of anticorruption reform, and the crystallization of potentially viable legislative and constitutional reform agendas for promoting good governance. Especially remarkable was the 2015 election of opposition presidential candidate Muhammadu Buhari, who ran on an anticorruption platform. Drawing lessons from those national anticorruption struggles, this essay distills several interrelated steps by which reformist political leaders and activist civil society organizations might advance anticorruption reform in Nigeria and, potentially, elsewhere. These strategies involve depoliticizing key oversight institutions, curbing presidential and gubernatorial discretionary powers, restructuring patronage-based fiscal federalism, expanding and entrenching current transparency laws, and promoting participatory constitutionalism.
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Ogunniran, Iyabode. "GENDER ISSUES AND THE NIGERIAN CONSTITUTION: A RAY OF LIGHT, OR TWILIGHT ON THE HORIZON?" Gender Questions 3, no. 1 (January 13, 2016): 114–32. http://dx.doi.org/10.25159/2412-8457/823.

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The consensus in modern democracies is that constitutions should be based on inclusivity. However, the Nigerian constitution is replete with provisions which are interpreted to either deny the realities of women or outright discriminate against them. This article examines the intersections of gender, law and the Nigerian constitution. It argues that women have played a minimal role in the history of constitution making. The inclusion and interpretation of equality; non-discrimination; negative vs. positive rights and gender quotas are biased. The article posits that a conscious effort to give women presence in the polity started in the Nigerian Fourth Republic. The National Gender Policy mainstreamed gender to increase the participation of women in politics and hoisted favourable economic strategies. In addition, in 2014, President Goodluck Jonathan inaugurated a national conference, where far-reaching resolutions were made on gender issues. Consequently, some of the socio-economic rights have been made justiciable and imputed in the latest Constitutional Amendments Bill. An impasse between the president and the National Assembly led to his refusal to assent. The tenure of the government has ended and the resolutions of the conference may not be revisited for some time to come. In contrast to the earlier position, the Nigerian Supreme Court, in two notable decisions, strongly condemned discriminatory inheritance customary practices. The author’s finding is that constitutional amendments and a continuous active stance by the courts, amongst others, offer leeways for women’s development.
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Bouwman, Bastiaan. "From religious freedom to social justice: the human rights engagement of the ecumenical movement from the 1940s to the 1970s." Journal of Global History 13, no. 2 (June 21, 2018): 252–73. http://dx.doi.org/10.1017/s1740022818000074.

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AbstractThis article contributes to the historiography on human rights and (religious) internationalism by tracing how the ecumenical movement in the post-war decades sought to protect the religious freedom of its co-religionists in Catholic and Muslim countries, specifically Italy, Nigeria, and Indonesia. In cooperation with local actors, the Commission of the Churches on International Affairs worked to anchor international human rights in the domestic sphere through constitutional provisions. These activities constituted a significant strand of Christian human rights engagement from the 1940s to the 1960s, which intersected with the Cold War and decolonization. The article then contrasts this with the turn to a more pluralistic and communitarian conception of human rights in the 1970s, animated by liberation theologies. As the World Council of Churches embraced a ‘revolutionary’ tradition and worked to resist military dictatorships in Latin America, racism, and global inequality, it gravitated towards Marxism-inflected and anti-colonial strands of human rights discourse.
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Tan, Sarah. "Achieving Goal 16 of the Sustainable Development Goals and Environmental Lessons for Malaysia." TRaNS: Trans -Regional and -National Studies of Southeast Asia 7, no. 2 (October 11, 2019): 233–69. http://dx.doi.org/10.1017/trn.2019.9.

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AbstractOn September 2015, countries around the world pledged to end poverty, protect the planet, and hit specific developmental targets within fifteen years at the signing of th|e United Nations 2030 Agenda. Within the 2030 Agenda are seventeen Sustainable Development Goals (SDG). Goal 16 of the SDG contains twelve targets; of these, Target 16.3 is aimed at ensuring equal access to justice for all and Target 16.10 at ensuring public access to information. Malaysia as a signatory has pledged its commitment to fulfilling these SDGs. This paper's primary focus is on the fulfilment of Targets 16.3 and 16.10 within Malaysia's legal environmental framework. At present, there are provisions that ensure equal access to justice and those that ensure public access to information; however, it is suggested that these are insufficient, uncommon, and limited. This paper proposes an amendment to the Federal Constitution to include the express right to a clean environment, and demonstrates, through comparative study, the success similar provisions have had on the environmental protection laws of other countries such as India, the Philippines, South Africa, Nepal, the Netherlands, and Nigeria. It then considers what possible lessons Malaysia could glean from these national experiences in fulfilling its goals for Targets 16.3 and 16.10 before concluding with the proposition that Malaysia should consider an express constitutional right to a clean environment if she intends to meet her SDG goals.
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Dissertations / Theses on the topic "Constitutional history – Nigeria"

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Imerane, Maiga Amadou. "La Cour Constitutionnelle de la 5ème République du Niger : 2000 - 2009 : Une expérience de la démocratie constitutionnelle." Thesis, Lyon 2, 2013. http://www.theses.fr/2013LYO22001.

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Cette thèse met en lumière l’apport considérable du juge constitutionnel de la 5ème République nigérienne, dans l’œuvre de la protection audacieuse du principe de la suprématie de la Constitution (du 09 août 1999). L’exposition du schéma organisationnel de la justice constitutionnelle s’opère sans préjudice du nécessaire rappel de l’histoire socio-politique mouvementée du Niger, qui n’est pas étrangère dans l’originalité qui fonde le modèle nigérien. L’évocation de l’activité constitutionnelle va s’atteler à la mise en évidence des grandes décisions de la Cour, aussi bien dans le cadre de la défense des droits fondamentaux garantis, que celui de la régulation constitutionnelle du fonctionnement des institutions de la République. La jurisprudence relative au Président de la République, qui bénéficie d’un chapitre entier est au cœur de la problématique de la consolidation de la démocratisation du Niger post-Conférence nationale de 1991. L’étude fait ressortir une trajectoire d’analyse ambivalente. D’une part, la ré-fondation de la justice constitutionnelle par la consécration d’une juridiction spécialisée et indépendante, a eu pour effet de plonger le Niger dans l’ère de la démocratie constitutionnelle. D’autre part, l’audace du juge constitutionnel s’est avérée insuffisante, face à la dérive autoritaire du Président de la République de l’été 2009 (dissolution de la Cour). Il n’en demeure pas moins que, le constitutionnalisme démocratique ébauché sous la 5ème République semble bien demeurer la révolution appropriée de lutte contre toute résurgence autoritaire
This dissertation highlights the considerable contribution of the constitutional judge of the 5th Republic of Niger, in the audacious protection work of the supremacy of the Constitution principle (the 9th of August, 1999). The presentation of the organizational structure of constitutional law requires taking into account Niger’s sociopolitical history, which has contributed to the model of constitutional justice of Niger. The evocation of constitutional activity underlines the major decisions of the Court, regarding the defense of the guaranteed basic rights as well as the constitutional regulation of the functioning of the Republic's institutions. An entire chapter is dedicated to the case law regarding the President of the Republic, which has been in the center of the issue of strengthening the democratization of Niger since the National Conference of 1991. The research results in the ambivalent analysis. On the one hand, the re-foundation of the constitutional justice through the institution of a specialized and independent jurisdiction marked Niger's entry into an era of constitutional democracy. On the other hand, the constitutional judge audacity has proved deficient facing the authoritarian trend of the President of the Republic in 2009 (dissolution of the Court). Nonetheless, the democratic constitutionalism designed under the 5th Republic of Niger seems to remain an appropriate revolution to fight against any authoritarian resurgence
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Books on the topic "Constitutional history – Nigeria"

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Ndoh, Cyril A. Guide to constitutional development in Nigeria. Owerri, Nigeria: CRC Publications, 1997.

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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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Aniagolu, Anthony Nnaemezie. The making of the 1989 constitution of Nigeria. Ibadan: Spectrum Books Ltd., 1993.

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Ehindero, S. G. The constitutional development of Nigeria, 1849-1989. Jos, Plateau State: Ehindero (Nigeria), 1991.

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Ige, Bola. Constitutions and the problem of Nigeria. Lagos: Nigerian Institute of Advanced Legal Studies, 1995.

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Ojo, Abiola. Constitutional law and military rule in Nigeria. Ibadan: Evans Brothers Limited, 1987.

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Ojo, Abiola. Constitutional law and military rule in Nigeria. Ibadan: Evans Brothers, 1987.

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8

Udo, Udoma Egbert. History and the law of the constitution of Nigeria. Lagos: Malthouse Press, 1994.

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9

Mottoh-Migan, Vivian Roli. Constitution making in post-independence Nigeria: A critique. Ibadan [Nigeria]: Spectrum, 1994.

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Guobadia, Ameze. Nigeria: The legal dynamics of her constitutional development : an appraisal. Lagos: Nigerian Institute of Advanced Legal Studies, 1994.

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Book chapters on the topic "Constitutional history – Nigeria"

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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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Suberu, Rotimi T. "Nigeria in Search of a Credible Electoral Administration." In Democracy, Elections, and Constitutionalism in Africa, 331–60. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192894779.003.0013.

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Recent elections in Nigeria have produced conflicting and ambiguous assessments regarding the quality, integrity and credibility of the country’s electoral governance. On one hand, widespread domestic and international criticisms of the farcical 2007 elections provoked remarkable constitutional, statutory, and administrative proposals, programmes, and policies for reforming Nigeria’s electoral processes. Those reforms led to electoral cycles that observers adjudged to be comparatively competitive, broadly acceptable, and generally indicative of a shift away from the country’s extended history of electoral maladministration, corruption, and chicanery. On the other hand, credible reports emphasize the persistence of significant levels of fraud, violence, and disorganization in Nigerian elections. This chapter shows that these contradictory outcomes and dual perspectives are consistent with the partial and incomplete nature of recent electoral reforms in Nigeria. Those reforms have extended the autonomy of the country’s election management commission, without guaranteeing the agency’s effective political insulation or addressing broader and deeper weaknesses in the country’s electoral landscape. Nigeria resembles a classic hybrid regime with increasingly competitive electoral contests that, however, continue to witness undemocratic levels of manipulation, corruption, and violence. More extensive reforms, along the lines proposed by a major official electoral reform committee, would have produced more substantial improvements in electoral integrity and quality.
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