CONSTITUTION

Question 1

Wade; Definition of Constitution

Answer 1

“a document having a special legal sanctity which sets out the frame work and the principal functions of the organs of a state and declares the principles governing the operation of these organs.”

Question 2

O. Hood Philips; Definition of Constitution

Answer 2

a system of laws, customs, and conventions that define the composition and powers of organs of state and regulate the relations of the various organs to one another and to private citizens.

Question 3

Dare and Oyewole

Answer 3

a constitution is the sum-total of the rules, conventions and other practices by which a society governs itself. It involves formal rules and bellefs by which the society preserves law and order.

Question 4

Classification of Constitutions

Answer 4

I. Written
II. Unwritten
III. Flexible
IV. Rigid
V. Unitary
VI. Confederal
VII. Federal

Question 5

A. O. OJO; Political Science and Government of Nigeria (Federalist Constitution)

Answer 5

“A constitution where powers of government have been distributed between one level of government and another. In its strict sense, it means the distribution of powers between the central government and the government of the co-ordinate states.”

Question 6

Some extra things about constitution before moving on

Answer 6

A constitution is expected to setup various organs of government and their functions in a broad sense. For instance, the legislature makes laws, the executive implements laws, and the judiciary ensures that the implementation of the law is in accordance with the constitution.

Usually, the constitution, which is the grundnorm, is the supreme law of any country. For instance, section 1(3) of the 1999 constitution (FRN)
“If any other law is inconsistent with the provision of this constitution, this constitution must prevail, and that other law shall, to the extent of inconsistency, be void.”

Question 7

Features of a Federalist Constitution

Answer 7

1. Written and Rigid: Section 9(2)
2. Division of Powers between different levels
3. Supremacy over laws, acts, and other actions inconsistent with it’s provisions: Section 1(3)
4. Independent Judiciary to resolve dispute: Section 232 (1)
5. Bi-Cameral Legislature: Red Chamber for Senate, and Green Chamber for House of Rep.
6. Powers of Govt are derived from Constitution: Sec. 4 (Leg.), Sec. 5 (Exec.), Sec. 6 (Judi.)
7. Two levels of government: federal and state, whose powers are defined by the constitution and work hand-in-hand to ensure progress.
8. Judiciary to interpret the laws: Sec. 6(6)b
9. Powers between levels of government are well-defined: Exclusive–Sec. 4(2) and shall not be extended to the House of Assembly (3), concurrent–both Fed. and State and residual–power given to State by Fed.

Question 8

Supreme Court in A.G. Federation v. A.G. Lagos State

Answer 8

Federalism: an arrangement whereby powers of government within a country are shared between a national government and a number of regionalised governments in such a way that each exists as a government separately and independently from others, operating directly on persons and property within its territorial area, with a will of its own and its own apparatus for the conduct of its affairs.

Question 9

Examples of matters under the Exclusive Legislative List

Answer 9

1. Currency, coinage, and legal tender
2. Election to offices of president and vice-president, governor, or deputy governor
3. Census
4. Citizenship, naturalization, and aliens
5. Commercial and industrial monopolies
6. Copyrights
7. Creation of states

Question 10

Examples of matters under the Concurrent Legislative List

Answer 10

1. Collection of taxes
2. Electoral law
3. Electric power
4. Allocation of revenue
5. Antiquities and monuments
6. Archives

Question 11

P.A.O Oluyede in his book Constitutional Law in Nigeria, on Residual Matters

Answer 11

Residual matters are matters not within the exclusive and concurrent list.

Question 12

Meaning of Constitutionalism:

Answer 12

the principle which states that governmental processes should be governed by the fundamental laws of the land. Impliedly, the efficacy of a constitution can only determined by the degree to which it is respected or followed.

Question 13

Some extra things on Constitutionalism:

Answer 13

Constitutionalism is both a concept and a democratic principle which is largely concerned with certain limits of official behaviour, conduct and actions of leaders and followers.

The thrust of constitutionalism is that both governments and the governed should be subject to the due process of law in their relationship with one another.

Question 14

Sources of Constitution:

Answer 14

1. Legislations
2. Customs and Conventions
3. Judicial Precedents/Case Laws
4. Written Constitution
5. International Documents/Laws
6. Intellectual Works
7. Constitutional Conferences
8. History of the People