Government · Lesson 3

Constitutions: types, sources & features

JAMBWAECNECO

What the syllabus asks

JAMB: Constitution: meaning, sources, functions, types (written, unwritten, rigid, flexible); principles of democratic government: constitutionalism

WAEC: Constitutions: definition and sources; functions; features/types: written and unwritten, rigid and flexible, unitary and federal; constitutionalism; procedures for amendment

NECO: Constitutions: definition and sources; functions; features/types: written and unwritten, rigid and flexible, unitary and federal; constitutionalism; procedures for amendment

What you will learn

Define a constitution and explain why every state has one.
State and explain the sources of a constitution.
Explain the functions of a constitution.
Distinguish written from unwritten and rigid from flexible constitutions, with merits and demerits.
Explain the amendment procedure of Nigeria’s 1999 Constitution.
Explain constitutionalism and the factors that support or limit it.

Key points

A constitution is the body of fundamental rules that establishes, empowers and limits government and regulates its relations with citizens.
Sources: constituent assemblies, statutes, judicial precedents, conventions, customs, authoritative writings, referendums, decrees, earlier constitutions.
Functions: create and limit organs, divide power, protect rights, define citizenship, give legitimacy, provide for peaceful change.
Written (codified) vs unwritten (uncodified, e.g. UK).
Rigid (special amendment procedure) vs flexible (ordinary procedure).
Other bases: unitary/federal, presidential/parliamentary, monarchical/republican.
1999 Constitution: in force 29 May 1999; written, rigid, federal, presidential; supreme under s.1.
Section 9: 2/3 of all members of each House + 2/3 of State Assemblies (24); 4/5 for s.8, s.9 and Chapter IV.
Constitutionalism: limited government according to the constitution; threatened by coups and disobedience of courts.
Key dates: 1922, 1946, 1951, 1954, 1960, 1963, 1979, 1989, 1999.

Start here: Meaning of a constitution

Imagine a football match with no rulebook: who decides what a goal is, how long the match lasts, or who can send a player off? A state without basic rules would be the same, only far more dangerous. Those basic rules are the constitution.

A constitution is the body of fundamental rules, laws, principles and conventions which establishes the organs of government, defines their powers and relationships, and regulates the relationship between the government and the citizens.

The constitution is often called the fundamental law, the supreme law or the "grundnorm" (basic norm) of the state, because other laws must agree with it.

What a constitution usually contains

A preamble stating its purposes and source of authority. Nigeria’s begins: "We the people of the Federal Republic of Nigeria…".
The structure of the state (federal or unitary) and the territory.
The organs of government (legislature, executive, judiciary), their composition, powers and limits.
Citizenship rules.
Fundamental rights of citizens (in Nigeria, Chapter IV).
Policy goals (in Nigeria, Chapter II: Fundamental Objectives and Directive Principles of State Policy).
Procedure for amendment.

Nigeria’s 1999 Constitution at a glance

It came into force on 29 May 1999, the day civilian rule returned. It has 8 chapters and 320 sections, plus schedules (including the legislative lists in the Second Schedule). It has been altered several times since, including in 2010–2011, 2017–2018 and 2023.

The eight chapters of the 1999 Constitution

Chapter	Title (short form)	What it covers
I	General Provisions	Supremacy of the Constitution, the federation and its states, powers of the federation and states (including legislative powers in s.4), local government (s.7)
II	Fundamental Objectives and Directive Principles of State Policy	Goals of the state: political, economic, social, educational, foreign policy and environmental objectives
III	Citizenship	Citizenship by birth, registration and naturalisation
IV	Fundamental Rights	Right to life, dignity, personal liberty, fair hearing, privacy, religion, expression, assembly, movement, freedom from discrimination, property
V	The Legislature	National Assembly and State Houses of Assembly
VI	The Executive	President, governors, and bodies such as INEC and the Federal Civil Service Commission
VII	The Judicature	Supreme Court, Court of Appeal, Federal and State High Courts and others
VIII	Federal Capital Territory, Abuja, and General Supplementary Provisions	The FCT, interpretation and transitional matters

You do not need to memorise every section number, but you should know which chapter deals with which subject. Examiners regularly ask, for example, which chapter contains citizenship (III) or which deals with the judiciary (VII).

Worked example 3.1

Why do we call the constitution the "supreme law"?

All other laws, Acts of the National Assembly and Laws of State Houses of Assembly, must agree with it.
Section 1(3) of the 1999 Constitution says any law inconsistent with it is void to the extent of the inconsistency.

Because it overrides any law that conflicts with it.

Try it yourself. Which chapter of the 1999 Constitution contains fundamental human rights?

Show solution

Chapter IV.

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Practice questions

1. A constitution is

the body of fundamental rules by which a state is governed
a list of political parties
an Act of a state assembly
a court judgement

Show answer

A: the body of fundamental rules by which a state is governed
It establishes, empowers and limits government.

2. A constitution that can be amended only by a special procedure is

flexible
unwritten
unitary
rigid

Show answer

D: rigid
Nigeria's constitution is rigid.

3. The best example of an unwritten (uncodified) constitution is that of

Nigeria
Ghana
the United Kingdom
the USA

Show answer

C: the United Kingdom
Found in statutes, conventions and precedents.

4. Rules of political practice that are not law but are generally obeyed are

bye-laws
conventions
statutes
decrees

Show answer

B: conventions
E.g. many UK constitutional practices.

5. Section 1 of the 1999 Constitution declares the constitution

supreme and binding on all authorities and persons
flexible
temporary
subordinate to decrees

Show answer

A: supreme and binding on all authorities and persons
Supremacy clause.

Key words

Constitution: The body of fundamental laws, rules and conventions that establishes and regulates the organs of government and the relationship between the state and citizens.
Written constitution: A constitution contained mainly in one formal document.
Unwritten constitution: A constitution not codified in one document; drawn from statutes, conventions, judicial decisions and customs.
Rigid constitution: One that requires a special, difficult procedure to amend.
Flexible constitution: One that can be amended by the ordinary law-making process.
Convention: An unwritten rule of political practice, observed because it is accepted, not because it is legally enforced.
Judicial precedent: A court decision that guides or binds later courts in similar cases.
Constituent Assembly: A body convened to draft or adopt a constitution.
Referendum: A direct vote by the electorate on a specific question, such as approving a constitution.
Entrenched clause: A provision protected by an extra-difficult amendment procedure.
Supremacy of the constitution: The principle that the constitution overrides any other law that conflicts with it.
Constitutionalism: Limited government according to the constitution; respect for its rules by rulers.

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