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Citizenship Education 2

The document discusses different types of constitutions including written, unwritten, rigid, and flexible constitutions. It provides definitions and examples of each type as well as discussing their key merits and demerits.
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0% found this document useful (0 votes)
85 views60 pages

Citizenship Education 2

The document discusses different types of constitutions including written, unwritten, rigid, and flexible constitutions. It provides definitions and examples of each type as well as discussing their key merits and demerits.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COURSE CODE: GNS III

COURSE TITTLE: CITIZENSHIP EDUCATION


CHAPTER 1: THE CONSTITUTION OF NIGERIA

Definition of Constitution: constitution is the basic principle and laws of a nation,


state or social group that determine the powers and duties of the government
and guarantee certain right to the people in it. In other word, constitution is a
written instrument containing the fundamental rules of a political or social
organization. Political Scientists define a ‘’constitution’’ as the rules and customs,
written or unwritten, legally established or extralegal, by which a government
conducts its affairs. A constitution is a set of rules; written or unwritten that seeks
to establish the duties power and function of the various components of
government. Constitution can be defined as the body in rules in accordance with
which the powers of the government are distributed and exercised. Okoli and
Okoli (1990) opined that a constitution is the embodiment of all the political,
economic, social, cultural, religious and even historical forces conditioning the
perception of a people at any given time, and powerful enough to be isolated.

Features of constitution

1. System of government
2. Political structure
3. The tenure of office
4. Election of political leader
5. The party system
6. Fundamental objectives of the state
7. The process of amendment

Importance of the constitution in a country

1. It protect individual & citizens right


2. It enhance peaceful coexistence
3. It guarantee peaceful transition
4. It allocates power to organs & level of government
1
5. It determines the organization of the government
6. It stipulates bi lateral relationship of a country.

TYPES OF CONSTITUTION

Written constitution

A written constitution is the constitution that codifies or embodies all the


fundamental laws of a country in a single document. It means that all the laws
of the country are not scattered in different document but are all contained in
a single document in which the whole structure of the government is
described, and rules for its conducts are presented in an orderly sequence. A
written constitution therefore, is the result of a deliberate analysis, discussion,
framing and adoption of a particular document by a constitution making body.

Merits of a written constitution

1. It allows for easy reference: one major advantage of a written


constitution is that it can easily be referred to when the need arises.
2. Guides against arbitrary change in the rules of government: The
procedures for changing its provision are usually elaborated, as a
results, the government cannot come up with any arbitrary change to
the rules of governance.
3. Certainty of rules: written constitution defines very clearly the rules
under which a country is governed.
4. Political stability: since the rules and principles governing the country
are contained in a single document, the method of acquiring power is
clearly spelt out; this invariably would ensure political stability.
5. It protects the rights of citizens: written constitution generally contain
the fundamental human rights of the citizens. The citizens’ rights are
therefore guaranteed.
6. It serves as a proud symbol of nationhood.

Demerits of a written constitution

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1. It is not easily adaptable to charging conditions and time: written
constitutions are generally rigid. They are therefore not easily
adaptable to changing institution.
2. Amendment can take a long time: the process of amending the
constitution can take a very long time. This may discourage necessary
reforms or encourage an unnecessary waste of parliamentary time in
the process of amendment.
3. It fails to meet the aspiration of the people: since a written
constitution is a document that is arrived at after a lot of compromise,
especially in a heterogeneous country like Nigeria, it tends not to meet
the yearnings or aspiration of all the component unit of the nation.
4. Comprehensiveness: Comprehensiveness of the written constitution is
limited since it does not cover the entire subject that may require of a
constitution.
5. Low regard for public opinion: as a written constitution gives more
importance to written laws, the importance of public opinion
decreases.

Unwritten constitution

An unwritten constitution is a constitution that does not codify all the


basic laws of a country in a single document. It does not mean that the laws
are not all the basic laws are put down in a single document, but in
different document.

Merit of an unwritten constitution

1. It is flexible: an unwritten constitution is flexible it does not require any


special procedure change it. It can be changed in the same ordinary laws
are made.
2. Processes of Government reforms are easy: since the constitution is
flexible, it can be changed a quickly as the people might desire.
3. Eliminate the problem of difficulty interpretation: its unwritten nature
eliminate the problem of difficulty of interpretation thereby reducing
incidents of litigation.
3
Demerit of unwritten constitution

1. It encourages the abuse of power: an unwritten does not have the kind
of check and balance which written constitution normally have. This can
make the government become arbitrary in the exercise of its power
2. Basic principles of the government are not easily known: since the
customs, statues, judiciary principle and conventions making up an
unwritten constitution are not contained in a single document, they are
not easily known. They cannot be easily studied the way we can study a
written constitution.
3. Difficulties in knowing constitutional right and duties: it is difficult for
citizens to know their constitutional rights and duties in a situation
where the constitution is unwritten.

Rigid constitution

A rigid constitution is a constitution that cannot be changed easily. The


procedure of changing or amending a rigid constitution is not just
complicated, but equally difficult because it required a special process and
this process is formally laid down in the constitution itself. In Nigeria an
amendments to the Nigerian constitution is possible only after the proposal
for such an amendments is okayed or approved by votes of not less than a
two third majority of the members in either houses of the national
assembly, of not less than a four fifth majority of all the members of each
house of assembly, and supported by a resolution of the House of assembly
in not less than two third of all the state. Examples of country with rigid
constitutions are Nigeria, U.S.A, Australia etc.

Merits of a rigid constitution

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1. It prevents arbitrary rule: it does not allow the government in power to
rule in an arbitrary manner. The reason is that any amendment must be
carried out according to laid down procedures.
2. Protection of minorities: the constitution cannot be amended by any group
of people to suit its wishes. It therefore ensures protection of all.
3. Orderly changed: a rigid constitution helps to ensure an orderly change of
government.
4. Availability: A rigid constitution enjoys the merit of a written constitution
in term of availability for reference. Thus, it results in the reduction of
ambiguities.

Demerit of rigid constitution

1. Not easily amendable: The process of amending a rigid constitution is


usually complex. This may make it difficult for necessary reforms, in the
process of government, to be carried out.
2. Amendment can waste time: because the process of amending
constitution is elaborate it may encourage an unnecessary waste of
parliamentary time

Flexible constitution

A flexible constitution is a constitution which can be changed easily, the same, as


when ordinary laws are changed. It does not require an elaborate procedure
before it can be changed or amended. A flexible constitution can be amended by
legislature or parliamentary day to day work. Examples of countries with flexible
constitution are Ghana, New Zealand, Great Britain and Italy.

Merit of flexible constitution

1. Easily amendable in time of need: it can easily be amended when an


urgent need arises.
2. It allows for quick decision: since its amendment does not require any
special procedures, it allows quick decision making.

Demerit of flexible constitution

5
1. It could encourage dictatorship: since it can easily be amended, the party
in power can amend it to suit its wishes.
2. Frequent amendment of the constitution: since the constitution is flexible,
it can encourage amendment which may make the principle of governance
become uncertain.
3. Instability: A flexible constitution might cause instability in a
heterogeneous state, owing to the likelihood of the constitution being
manipulated by some sections of the country, to the detriment of other
sections.

4. Unitary constitution

A unitary constitution is the one that allows for the concentration of


governmental powers in a single authority in a country or state. to This is not say
that responsibility of a few matters may not be vested or delegated exclusively to
some other authorities, district, state or regions subordinate to the single
authority, but that is only on the permission of such single authority. It is unit that
is centralized type of government, meaning that power is vested or concentrated
in only one source. The central government is legally and constitutionally
empowered to controlled order authority. The central government has full & legal
right to overrule decision of the subordinate government unitary constitution is
usually adopted by countries with small territory. Like Ghana Sierra Leon, Gambia
etc.

5. Federal constitution

A federal constitution is one that allows for the sharing and distribution of
governmental power between or among federating unit in a country. It means
that the constitution allows for the distribution of power between central
government and the government of the coordinates units or state. All federating
units in a federal system derive their power from the federal constitution directly,
the same way as the central government powers are given to it by the
constitution.

6
6. Con-federal constitution
i. This a type of constitution in which the political power or government
power is exclusively reserved for the component states, with the
presence of a weak central government.
ii. A con-federal constitution is a loose association of independent state.
iii. In confederation, there is no effective or viable central government.
iv. The constitution make the components states very powerful while the
central government is made weak, to the extent that any members of
the components states is allowed to secede from the confederation if
they so wish.

Some provision of an international constitution

International law is the distinctive part of the general structure of the


international relation. This is a body of legal rule, norms and standard that
apply between sovereign state and other entity that are legally recognized as
international action. The body responsible for managing the affairs of this
international law is the united nation (UN) which came into existences in
fFebruary1945 by 51 members this members include, united state Indian,
united kingdom France brazil soviet union, turkey Canada Egypt Morocco
Mexico Saudi Arabian Greece, republic of china united south Africa.

The (UN) charter has the following contents.

We the United Nations organization, solemnly but collectively this day agree to
provide peace and security to mankind on global level. An especially to save the
succeeding generation from the scourge of war which twice in our life time has
brought untold hardship to us’’ Against this background we have agreed to
present this constitution.

Establishment

(1) The general assembly do by the charter of the un establish an organization


to be known as the united nation organization (UNO)

7
(2) The organization should be a global body consisting of European countries,
American Middle east, Latin America, Asia and the Far East.

Purpose

(1) The organization should have the following


(a) To promote the unity peace and security of the world i.e. save
succeeding generations from the scourge of war
(b) To re-affirm faith in fundamental human rights the dignity of man,
equal rights of men and women, equal right of state. Etc.

Membership

Each independent sovereign nation of the whole respective of the geographical


location shall be entitled to become a member of the organization.

RIGHTS AND DUTIES OF MEMBER STATE

All members shall enjoy equal right and duties for the survival of the global body

Institution

The organization constitution recognized majority six principal organs which are
general assemble, security Council, economic and social council, Trusteeship
council, international court of justice and the secretariat.

Other agencies are also mentioned in the uncharted, These includes the world
health organization (WHO) The united Nations Educational scientific and cultural
organizations (UNESCO) The international labor organization (l LO) international
Bank for Reconstruction and Development .Food and Agriculture organization
FAO And others.

THE EFFECTIVENESS OF INTERNATIONAL CONSTITUTION

The effectiveness and ineffectiveness of international constitution over member


countries of the United Nations is explained as follow-

8
Just like domestic constitution of most Countries, the international Constitution
has universal acceptance and member countries of these organizations recognize
them and abides by the dictates of the Constitutions.

Majority of the international laws and conventions are obeyed without any
reservation by member countries such Laws includes maritime Laws aviation
Internationals t countries rides immigration’s citizenships etc.

Internationals Laws has been able to brings international trades immigrations,


emigrations citizenship etc.

International law has been able to bring internationals peace and security. This
has been made possible through the international court of justices which hears
case and dispute among countries of the world such as those affecting human
right violation and other crimes that affect the relationships among member’s
states.

However, there are certain limiting factors that make the international
constitution not to work effectively.

International Laws are agreed to by member countries on a gentleman basis as


there is no compulsion or means of Compulsion sanction are been imposed
recently on the provision of the international Constitution.

There is no military force or police to enforce or enhance strict adherence of


member nations to maintain Laws and order and bring to book international
culprits.

The decision or judgment of the international court of justices is not usually of


their domestic Constitutions well and above the International constitution

The so called big nations especially the five permanent members of the Security
Council flout at will the rules of the international organization. such big nations
only observed the rules out of their own violation and not as a result of
compulsion.

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This kind of behavior cannot be seen in a country operating a domestic
constitution as individuals cannot disobey or refuse to comply with the law of
his country without been punished.

All the effectiveness of the international Constitution, be it as it may, we must


note the fact that the existence of international constitutions and the moral
persuasion on individual member nations to comply with it provisions has to a
large extent been responsible for the high level of peace and stability
experienced around the globe. Otherwise, the stronger nations would take
Laws into theirs hands and oppress the weaker ones.

THE SUPREMACY OF THE NIGERIAN CONSTITUTION TO OTHER LAWS WITH


EMPHASIS ON THE 1989 CONSTITUTION

Supremacy of the constitution is a doctrine where by the constitution is the


supreme law of the land and all the state organs including parliament and states
legislations are bound by it. They must act within the limits laid down by the
Constitution. They owe their existence and powers to the constitution and
therefore, their every action must have its support in the Constitutions.

REASONS FOR THE SUPREMACY OF THE CONSTITUTION

i. The people give themselves a constitution to promote good


governances and the welfare of all persons in the country.
ii. The constitution is necessary for the common good of all the
constitutions binds people together and promotes national unity.
iii. It helps to clarify the rights duties and responsibilities of all citizens, both
rulers and subjects.
iv. It acts as a checks on the unfair attitudes of leaders or powerful
members of the society,
v. It prevents conflict in the exercise of powers by various arms of
governments.
vi. It protects human right and the rule of law.

The major provisions of the constitutions of the federal republic of Nigerian which
was promulgated by decree in 1989. guaranteed every citizen equality under the
10
Law.Opportuities to secure employment without discrimination are protected,
working conditions are to safe and humane adequate medical and health facilities
are to available, pay equity is assureds,

Vulnerable groups (Children’s, the aged and the disable) are to receive social
protection, and the free movement of citizens is assured. The third part of the
Constitutions established a national’s population’s census which is to be sub
mitted to the presidents of the country for acceptances

THE MAIN PART OF NIGERIANS CONSTITUTION

The main part of the Nigerian constitution is as follow

Chapter I: General Provisions

Chapter II: Fundamental Objectives and directive Principles of State policy.

Chapter III: Citizenship

Chapter IV: Fundamental Right.

Chapter V: Legislature

Chapter VI: executive

Chapter VII: judiciary

Chapter VIII: federal capital territory Abuja and general supplementary

Draft a Constitution for an association

How to write a constitution

1.1. Writing the preamble, Name, and Purpose


2.2. Writing the Rules on membership, meetings and officers
3.3. Writing the Rules on Elections, Committees and by- laws
4.4. Writing the Rules on Amendments, Ratification, and interpretation.

11
HISTORICAL DEVELOPMENT OF NIGERIAN CONSTITUTION

In Nigeria, there have been several attempts to make people oriented


constitution for the country .for proper understanding we shall divide the
attempts in constitution making into two major phase; the colonial era and the
post- colonial era.

COLONIAL CONSTITUTIONS

The constitution making in Nigerian started with the Nigerian council of 1914
during the time of lord Lugard.

The constitution was basically unwritten. It provided for the office of Governor
General, Executive Council and legislature council. The functions of these various
organs were spelt out. Therefore, before the colonial era, custom and
conventions were used to rule people

Colonial constitutions in Nigerian are;

1. Clifford constitution of 1922


2. Richard constitution of 1946
3. Macpherson constitution of 1951
4. Lyttleton constitution of 1954

CLIFFORD CONSTITUTION OR THE 1922 CONSTITUTION

This constitution by Sir Hugh Clifford created two Council in 1922. These
were the executive council and the legislative council.

Features of the Clifford constitution.

i. The constitution made provisions for the executive and the legislature.
ii. The legislative council was made up of 46 members.
iii. The constitutions for an executive council which were all British officials
that were nominated by the governor general.
iv. The constitution served as the first constitution in Nigerian.

12
v. The constitutions granted elective principle because elections actually
started in Nigerian in 1923.
vi. Four 4 seat were allocated to Nigerian during this times. Three 3 for Lagos,
and one 1 for calabar.

Merits of the 1922 constitution

1. It was the first real constitution to be produced for Nigeria.


2. It introduced the elective principle into the country ‘s body politics. This
made Nigerians to be the first to have tastes of elections in the whole of
tropical Africa, and they were able to influence government decisions.
3. As a result of the introduction of the elective principle, political awareness
of Nigerians increased especially in Lagos where political parties were
formed.
4. In the same vein, political awareness brought about by the constitution led
to the establishment of newspapers like the Lagos Daily News found
In 1932 and the West African pilot founded in 1925, the Comet founded
in 1932 and the West African pilot founded in 1937 as well the
establishment of trades unions.

Demerits of the 1922 Constitution

1 The elective principle was restricted to Lagos and Calabar only .this made
other areas lag behind in the scheme of things.
2 The north was not represented in the legislative council this was not
good because , since the north and south had been amalgamated earlier
the colonialist should not have continued to treat the two protectorate
differently if they were truly interested in the unity of the country.
3 In the executive council, there were no African official or non-official
members. The body was composed of only British officials. This was bad
because the people who were being governed were not part of the
government.
4 The request of African especially those that were put forward by the
national congress of British West Africa in 1920, were not addressed in

13
that constitution. These suggest that the British government was
insensitive to the demands of Africa.

THE RICHARD CONSTITUTION OF 1946

Arthur Richard was the governor general; whose constitution came into effect
on 1ST of January 1946 .He submitted his constitutional proposal which was
amended before being passed into law by the imperial parliament.

Objectives of the Richard Constitution

1. To develop a constitution to cover all part of Nigeria.


2. To foster the unity of Nigerians
3. To enable Nigerians to participate more in their own governance
4. To establish a legislative council embracing all sectors of the country.
5. To divide Nigeria into three regions-north, west and east and create a
regional council for each.

Features of the Richard constitution

i. It divided Nigeria into three regions, each region with a regional


council.
ii. It created a central legislative council which brought the north and
south into the same legislative council for the first time.
iii. It introduced unofficial majority into the legislative council. This meant
that individuals who were not government officials were more in
number in the council.
iv. Both the western and eastern region had a unicameral legislature; each
consisted of only the house of assembly, while the northern region had
a bicameral legislature comprising a house of Assembly and a House of
Chiefs.
v. The constitution became operational on the 1st of January 1947. The
governor could now make and apply laws to the whole country in
consultation with the legislative council. Tried legislative council.
vi. The enlarged legislative council now had forty-four members,
consisting of twenty eight majorities non- officials and sixteen minority
14
officials. The twenty –eight non- official consisted of nine, six and five
nominees representing the north, west and east respectively, four
nominees representing business interests and four elected member
from Lagos and calabar, of the sixteen official members thirteen were
ex-officio while three were nominated .two Nigerians became members
of the executive council.
vii. The governor had the power to act contrary to the decision or advice of
the legislative council but had to obtain the approval of the secretary of
state for the colonies.

Merits of 1946 constitution

1. It was the first constitution to create a single legislative council whose


jurisdiction covered the entire country.
2. It provide for a federal system of government but dividing the country into
regions.
3. The establishment of a single legislative council for the entire country gave
room for the integration of the north and the south.
4. The composition of the new central Nigerian legislative council under the
constitution was such that unofficial members were in majority because
there were 28 of them against 16 official members. For this reason we can
say that Africans were in control of the government.
5. The constitution provided for a bicameral legislative in the north, there by
institutionalizing bicameralism and recognizing traditional rule in Nigeria.

Demerits of the 1946 constitution

1. The Executive council had no unofficial members .it was only in 1949 that a
Nigerian was appointed into it.
2. The elective principle was restricted to Lagos and Calabar only, and majority
of the members of the central legislative of the people.
3. Members of the central legislative council could not effectively influence
members of the Executive council because there were no unofficial
members in the Executive council.

15
4. The British colonialist still dominated the legislative council especially the
executive council which was the powerful organ were no unofficial members
in the executive council which was the powerful organ.
5. The constitution was drafted with no consultation or involvement of
Nigerians
6. Voting right was still dependent upon level of income.
7. The constitution granted the governor excessive powers to nominate
members, preside over both the legislative and the executive councils, and
to override their decisions when chose.

8. THE MACPHERSON CONSTITUTION OF 1951

This Constitution was named after its initiator, John Macpherson, the then
governor general of Nigeria

Unlike the Richard constitution, this constitution came into being after a
constitutional conference was held with the Nigerian people by the colonial
authorities.

It was the first time in Nigeria constitutional development that people of Nigerian
were given the opportunity to express their opinion , as well as participate in its
drafting the constitution was promulgated in 1951 marking the third phase of
Nigeria constitutional development.

Feature of the Macpherson Constitution

i. A Central legislature for the country as a whole was formed. It was made
up of representative selected from the regional legislatures.
ii. The central executive council under the chairmanship of the governor
had six official members and four minister from each region
iii. The constitution also established an executive council at the center
known as the council of ministers.
iv. The regional council controlled public revenues while the central council
was responsible for the annual grants.

16
v. Nigerians for the first time were made minister though without any
ministerial responsibilities. They were responsible for specific subjects
rather than being heads of departments.
vi. The constitution endorsed a quasi-federal system in which power was
shared between the central government and the regional governments,
though the central government was empowered to control the regional
government

Merits of the 1951 Constitution

1. It was an improvement on the 1946 constitution because the regional


houses of Assembly were no longer for just debate they could pass laws on
certain matters.
2. The establishment of Executive councils for the regions promoted the spirit
of federalism.
3. The inclusion of African in the council of ministers (Central Executive
council) gave Nigerians the opportunity to participate in the administration
of their country.
4. It extended the elective principle to other parts of the country there by
increasing political awareness of the people of the Nigeria
5. It provides the opportunity for Nigerians to undergo training and acquire
experience of administration and politics.

Demerits of the 1951 constitution

1. The inability of the constitution to provide for the position of prime


minister at the center to coordinate the ministers was condemned.
2. The fact that minister were not given power to make or execute policies on
their own had been criticized.
3. The central administration was not stable, and the country was being run
more like confederation than a federation because of inter-regional friction
which the political parties engaged in.
4. The regional division worsened the problem of the ethnicity and mutual
distrust in Nigerian politics.

17
5. The constitution allowed ministers to be elected by the regional
legislatures, this was against the principles of universal suffrage.

THE LYTTLETON CONSTITUTION OF 1954

The promulgation of this constitution was function of the London and Lagos
constitutional conference. It was aimed after the founder and came in to force on
October, 1954. Under this constitution, Nigeria became a federation of three
regions. They were northern western and eastern

Features of the Lyttleton constitution of 1954

i. This constitution marked the beginning of a better organized federal


system in Nigeria power between the federal and the regional
governments were divided for the first time.
ii. The regions were more autonomous because each region had its own
governor – premier independent civil services and judiciary.
iii. Ministers were made head of department instead of being in charge of
specific matters.
iv. The constitution marked the beginning of respective representative
government in Nigeria.
v. The constitution also provided for the office of the speaker and deputy
speaker presiding over region each of the regional legislatures.

Merits of the 1954 constitution

1. Nigerian were appointed premiers in three regions


2. The constitution introduced direct election in to the federal and regional
legislatures in Nigeria.
3. The constitution made ministers heads of departments, having full
responsibilities for their ministers.
4. The constitution formally established federalism.

18
5. The officer of the speaker and deputy speaker were established and
occupied by Nigerians in the legislature.
6. Legislative houses at both the federation and regional level were made
more functional and effective granting them power to make laws.

Demerits of the 1954 constitution

1. The regional structure encourages regionalism, ethnicity and national


disunity.
2. The constitution failed to institute acceptable revenue formula for the
country.
3. The constitution did not establish a common electoral system for the
country.
4. The constitution failed to address the fears of the minorities as the regional
structure favored the major ethnic group, thus there was agitation for more
regions.

THE INDEPENDENCE CONSTITUTION OF 1960

On October 1960, Nigerians gained independences from the British government


and thus became a sovereign nation. The 1960 independence constitution gave
Nigeria her independence and is referred to as the independence constitution

Features of 1960 independence constitution

i. Division of power between the federal government and the component


units (regions and state).
ii. Bicameral legislature: the senate and the house of representative at the
center.
iii. The preservation of the people’s fundamental human rights.
iv. It granted the federal government the power to declare the state of
emergency in any part of the country in case of the outbreak of war; a
two third majority support of the parliament were required for such an
action.
v. Southern Cameroon ceased to be part of Nigeria as at independences.

19
Merits of the 1960 constitutions

1. Nigeria became independent from British economic exploitation and


started expanding her trade by establishing trade relations with other
nations.
2. Political stability was ensured by relating and safeguarding existing regions
and their boundaries.
3. Nigeria joined international organization such as the common wealth and
the united nation organization (UNO).
4. Nigeria became politically independent through the application of the
constitution and Nigeria effectively took control of the executive and
legislatives arms of government.
5. Employment opportunities were created for Nigerian in the civil services to
replace British nationals.

Demerits of the 1960 constitution

1. The queen of England remained the constitutional ceremonial head of state


in Nigeria.
2. The formula for the allocation of revenue between the center and the
regions remained unresolved.
3. Senators were not elected but appointed by regional government.
4. The legislatives powers of the Nigerian state were in the act of the British
parliament.

POST - COLONIAL CONSTITUTION

1963 CONSTITUTION

Features of the 1963 constitution

i. The constitution provided for a Nigerian president as the constitutional


head of the armed forces to replace the queen of England
ii. The act establishing the constitution was passed by the Nigerian
parliament.

20
iii. The supreme court of Nigeria became the final court of appeal rather
than the judicial committee of the Privy Council in Britain.
iv. The principles of fundamental human right was upheld.
v. The number of seat in the senate was increased from 44 to 56 and that
of the house of representative from 305 to 312.

Merit of the 1963 constitution

1. The constitution gave the Supreme Court its due position as the highest
court for all cases in Nigeria.
2. The act establishing the constitution was enacted by the Nigerian federal
parliament instead of the British parliament.

Demerits of the 1963 constitution

1. Presidential election was by the house of representative and not through


general election
2. The constitution did not address the problem of state creation, thus leaving
the northern region larger in size than the three southern regions.

1979 CONSTITUTION

The constitution ushered in another administration after 13years of military rule


with Alhaji Shehu Shagari becoming the first executive president of Nigerian

Features of the 1979 constitution

i. The constitution was the supreme law of the land, with which all other
laws must align.
ii. The constitution introduced the position of an executive presidents, who
will be the head of state and commander in chief of the armed forces.
iii. The constitution stated that the president would be directly elected in
general election.

Features of the 1989 Constitution

21
i. The constitution reduced the number of senators in each state to three.
ii. The constitution increased the number of members of the House of
Representatives to 453. The constitution increased the age of anyone
who wanted to contest in an election into the House of Representatives
to 25 years.
iii. The constitution changed Abuja to the federal capital territory.
iv. The constitution provided for only two political parties. Which is
national Republican convention (NRC) and social Democratic party (SDP)
v. The constitution provided for the Sharia court with jurisdiction into
matters relating only to the Muslim.
vi. The constitution retained a presidential system of government as in the
1979 constitution.
vii. Legislators were to be regarded as part-time workers who were to
receive only sitting allowances.
viii. The people could withdraw any legislature who no longer enjoyed the
confidence of the electorate.
ix. To avert the two-third’ controversy of the 1979 presidential election, the
constitution made provision for fractions arising from computation of
votes to be rounded up to the next whole number.

Merits of the 1989

1. Minimum qualification of age and education for candidates eliminated


immature and ignorant people from participating in governance.
2. The two-party system made the choice of the electorate more focused
with reduced confusion as in multi-party system.

Demerits of the 1989 constitution

1. The two-party system limited the choice of both the politicians and the
electorate.
2. Part-time status and allowances given to legislator made them concentrate
more on their private business than on law-making

THE 1999 CONSTITUTION


22
The constitution became operative on the 29th of May, 1999. This constitution was
promulgated into law by the military regime of General Abdussalami Abubakar
after The Constitutional Debate Coordinating Committee led by Justice Niki Tobi
submitted its report. The 1999 constitution still remains the working document
for the country till date.

Features of the 1999 constitution

1. It maintains the presidential system of government with three main organs


of government in operation.
2. There are also provision for the separation of powers among the
legislature, the executive and the judicial.
3. The constitution vests legislative, executive and judicial powers in the
national assembly, the president and governor and the court respectively.
4. It also deals with the fundamental objectives and principles of state policy
5. It spells out conditions for the acquisition, renunciation and deprivation for
Nigerian citizenship as well as fundamental human rights.
6. The constitution added the code of conduct Bureau, to make public officials
exhibit high moral disposition and accountability in the conduct of
government business.
7. The constitution established INEC for the conduct of election at the local
state and national levels, as well as for the registration of all political parties
8. The constitution adopts the presidential system of government with
executive president who is both the head of state and government as well
as the commander in chief of the armed forces.
9. Logically, the constitutions make provision for a multi-party system.
10. Provisions are made for a bi-cameral national Assembly comprising the
House of Representative and the Senate.
11.The constitution is divided into eight chapter and schedules.
12. The constitution provides for 774 local government councils.
13.The local government councils are to be administered by democratically
elected chairmen and councilors.
14. There is a provision for dual citizenship.

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15. The constitution retains the thirty six state structure and federal capital
territory, Abuja.

CONCEPT OF THE RULE OF LAW

Laws are the official rules and regulation that guide human conduct and
behavior in any group, society or nation laws can be defined as a body of
official rules and regulation generally found in constitutions, legislative
judiciary opinion and so on, that is used to government society and control the
conducts of its members.

Rule of law which also called supremacy of the law is the total predominance
or supremacy of the law of the overall citizens, no matter his or her status. It
means every citizen must act in accordance with the law.

THE BENEFITS OF THE RULE OF LAW AS AGAINST ARBITRARY RULES

 The application of the rule of law safeguard against cruel and unjust
discretionary judgment
 The rule of law discourages the use of unconstitutional means to dispense
judgment.
 The rules of law protect the quality of all citizens before the law.
 The rule of law serves as the fundamental human right of the citizens as
the law prevents any infringement upon such rights.
 The rule of law prevents oppression and tyranny as autocratic leaders will
have no place in government.
 The rules of law make governance predictable.
 The rule of law ensures smooth operation of the government.

ELEMENT OF RULE OF LAW

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The basic elements of the rule of law include equality before the law that is all
individuals regardless of class, tribe gender or nationalities are equal before the
law. The second element is the supremacy of the law that is people should be
governed by laws made by their elected representatives. The right to personal
property is the third element of the rule of law. The fourth is the obedience of the
law, while the fifth element is the prohibition of retrospective laws.

An offence may be criminal or civil.

 Criminal offence: These are offences that carry severe penalties. Citizens
who have been tried the court of the law and found guilty of an offence are
usually punished as recommended by the law, criminal offences include
murder, rape, drug, trafficking, cultism, armed robbery, bribery and
corruption, treason etc.
 Civil offences: These are less critical offences that nonetheless attract
penalties. They include traffic offences, infidelity, libel, slander,
prostitution, of narcotic substances, etc. all of these are offences
punishable by the imposition of finding and jail sentences.

THE STATE AND THE RULE OF LAW

Laws are rules and regulations that guide human conduct or behavior in any
group, society or nation. The maxim of the rule of law places the law over and
above all persons in the society, no matter the position.

The rule of law emphasizes the supremacy of the equality before the law, and
fundamental human rights. The state must not deprive its citizens of the
fundamental rights and basic freedoms such as the right to life, the right to
personal liberty, the freedom of speech and freedom of association, which are
not necessarily derived from the constitution but are natural and inalienable
rights. For the rule of law to be effectively applied, the organs that make the laws
are separated from those that implement and interpret then. The legislature
makes the law, the executive enforce the law while the judiciary interpret the
law.

Component of the rules of law


25
i. Constitutionalism
ii. Independent judiciary
iii. Transparency
iv. Accessibility
v. Fundamental human right

Factors that must exist in a country to ensure the relation of the rule of law

1. There must be independent judiciary


2. There must be in existences, the supremacy or the predominant of the
regular law or ordinary law.
3. The press must be free and should not be under the total control of the
government.
4. The law must not be kept secret.
5. Justice must not be delayed because justices delayed are justices denied.
6. Trial must as much as possible be made public.
7. There must be a reasonable time for appeal.
8. Citizens should know their rights and be prepared to seek redress in courts
of law whenever their rights are violated.

Features of the rule of law

1. Legal representation of accused person: person who is charged with any


offence in a court must have a fair hearing. He should allow seeking the
services of any lawyer of his choice. An accused person can only be
detained for a maximum period of 24 hours.
2. Access to court: A citizen should not prevent from going to court to seek
redress whenever his rights are infringed upon.
3. No arbitrary arrest/ use of power: A person can only be arrested if he has
committed special offences. Power should be used according to laid down
rules and regulations.
4. Law should not be backdated: Any law that made should not be backdated.
Laws should become effective at the time they are made.
5. Adequate compensation for acquired property: The government should
adequately compensate any person whose property has been acquired by it
26
6. Right to life and other freedoms: Every person must have the right to live
and be entitled to other freedoms. These freedoms include freedom of
expression, freedom of movement.
7. Right to appeal: A citizens must have the right to appeal against the
judgment of a lower court, if he is not satisfied with it.

LIMITATION IN THE APPLICATION OF THE RULE OF LAW

1. Legislative immunity: Members of the legislature cannot be questioned or


arrested for any speech or any comment they make in the house.
2. Judicial immunity: judges are also immune from arrest in the performance
of their duties.
3. Immunity enjoyed by the head of state: The president or prime minister of
any country is given immunity from legal persecution while in office. They
cannot appear in court.
4. Immunity enjoyed by diplomatic: High Commissioner and Ambassador
cannot be arrested for any offence they commit in the country where they
accredited. They can leave that country
5. Lack of Judicial Independence: if the judiciary is not free, the rule of law
would be upheld.

CHAPTER 2: NIGERIAN FEDERALISM

THE CONCEPT OF FEDERATION

The social science Encyclopedia (1999) defines a federation as a state organized


on the basis of a division of power between general and regional governments,
with each independent of other within a sphere. Obasanjo and Mabogunje (1992)
defined a federation as a multinational state which comprises distinct people with
varying historical, social and cultural backgrounds inhabiting a territory and
imbued with the aspirations of prompting common interest. In his own view,
Adigwe (1985) believe that a federal state is an association of state formed
voluntarily and independently, for some specific purposes that the various
associated or component unit are ideally related to one another. federation or

27
federalism can be described as the constitutionally recognized organization and
sharing of power among the various unit of government, such as the central
(federal) state and local government in a given society. If federation is usually
adopted in countries that are very large and divided by cultural, economic,
political and other distinct attributes.

Merit of federalism

1. Federalism brings together people of different political, religious, historical,


geographical and social backgrounds there by promoting unit among them.
2. Duplication of offices in a federal system fosters the creation of more
employment opportunities.
3. Federalism brings the government nearer to the people as a result of
division of the country into smaller administrative units.
4. It encourages local political participation.
5. Federalism encourages the development of the local market for enhanced
economic development.

Demerits of federalism

1. Sharing of wealth especially revenue allocation between and among the


component units, often give rise to conflict in a federal state.
2. Federalism leads to unnecessary duplication of the organs and level of
government. This makes the running of government expensive.
3. There is usually tension in the exercise of constitutional powers between
the central government and the component units.
4. Federalism tends to lead to dual loyalty. People most often show loyalty to
their component units before showing allegiance to the central
government.
5. There are always threats of secession as a result of mistrust relating to fear
of domination by the minorities.

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CHARACTERISTICS OF FEDERATION/FEDERALISM

There are some basic characteristics that can be associated with the concepts of
federation these are:

i. In all constitutions, the central government has been supreme with


exclusive powers on materials subjects, and final authority on some
others.
ii. It encourage the formation of geographical location/position of the state
or unit
iii. It encourages the division and sharing of power among the level of
government.
iv. The policy of the quota system of federal character in federal
appointment is in existence
v. Equal distribution of economic resources.
vi. Coordination of the supremacy of the levels of government with regards
to their respective functions.

REASON FOR THE FORMATION OF A FEDERATION

There are some reasons that can lead to the establishment of a federation which
cannot be related to the background of a country. Some of these reasons are,

i. The large population accounted for the adoption of federalism in


Nigeria.
ii. The identification and recognition of different tribes, languages, religion
and culture in order to promote administrative efficiency.
iii. Equality of all the various units and states should be upheld by the
federal government through the constitution of a given society such as
Nigeria and India.
iv. There must be are desire for unity among all the units so as to agree
together for fear of isolation and insecurity as well as fear of
domination, i.e. they should form a central government.

29
v. Need for equal distribution of economic resources. There should be
sufficient economic resources to both the federal and state government
and there should be equal rate of rapid development

STRUCTURE OF THE NIGERIAN FEDERAL SYTEM

Nigerian is different from other federal system like the U.S.A in that, it became a
federation after first being a single country with one government. The
constitution provided for the modalities of sharing power between the central
government and the regions. Firstly, there was a lengthy list of subject or
functions which could only be controlled by the federal government which did not
concern the state, regional or local government. Such areas of function are the
Nigerian army, police, postal services, seaports, customs and excise, immigration
and foreign affairs just to mention a few which are regarded as exclusive list.
Secondly, a list of matters on which the federal parliament and the regional
parliament could legislate. Here, in case of clashes with each other, the decision
of the federal government would prevail, and that of the regional government
would not take effect. This list covered the area of universities, prisons, labor,
drugs and public order, and this list is known as the concurrent list lastly, any
matter which was not included in either the exclusive list of the concurrent list
was the sole concern of the regions, units or states that those matter concerned,
and only the regional executive council might control them. They included
schools, hospital forestry, the local governments, agriculture, and native or
customary courts. In view the above statements, the Nigerian federalism is
fashioned and structure into three basic levels or tiers of government which are
due to the following objectives provided by sir Arthur Richards in 1946.

- To promote the unity of Nigeria


- To build defense and security
- To make for even development and to cater for local or state autonomy.
- To provide adequately within that unity of diverse element, which make up
the country?

Colonel Yakubu Gowon (now a retired general) took some steps to safeguard
the national unity, peace and cohesion in the strained atmosphere caused by
30
the 1966 coup when he mandated an Ad-hold committee on the constitution
to come up with different form of constitutional agreement from any of these
formats;

- A federal system with strong central government


- A federal government with a weak federal/central government
- A confederation
- An entirely new arrangement which would be peculiar to Nigeria.

Considering the above mentioned terms of references by the Ad-hoc


committee on the constitution, the committees came up with the first option
i.e. a federal system with strong central government which now led to the
creation of twelve states by the Gowon administration, as well as the creation
of local council which now form the baseline for the present day federalism
that is now in existence in Nigeria which was later upheld by the 1999
constitution of the federal republic of Nigeria with the following format:

- Federal Government
- State Government
- Local Government Area

PROBLEM OF NIGERIAN FEDERALISM

1. Poor leadership: Nigerian is yet to have a purposeful, honest and selfless


leadership to direct her affairs; this is integrating against true federalism.
2. Revenue allocation: the issue of revenue allocation has been a recurring
problem in Nigeria. Federal governments have always found it difficult to
arrive at a formula acceptable to the other tiers of government.
3. The problem of state creation: almost every ethnic group wants a state.
This can lead to the unnecessary fragmentation of the country.
4. Statism: there is tendency for the citizens to be more loyal to their states
than to the central government. This may hinder national unity.

31
5. The problem of the minorities: the minority groups in Nigeria feel they are
not treated fairly within the federation, despite their contributions to
national development.
6. Federation character/quota system: federal appointment into the top
positions in federal establishment is not always based on merit federal
character plays a major role in these appointments. This cause
dissatisfaction among some sections of the country
7. Corruption, Nepotism and favoritism: these also affect the Nigerian
federalism negatively.

CONFEDERALISM

A confederation can be defined as a system of government in which sovereign


or independent states come together as autonomous bodies to form a loose
political union, in which the central government is subordinate to the
component government. Each autonomous state is sovereign and has the
constitutional right to secede from the confederation. In this form of
government citizens owe allegiance to their state government, and not to the
central authority as authority of government is limited to state government.

Features of a Confederation

i. Actual power of the government lies with the components units,


thereby making it difficult for the central authority to enforce its
decision on the autonomous states.
ii. The allegiance of the citizens is usually more to the component
sovereign states, than to the center.
iii. All components states retain sovereignty and identity in a
confederation.
iv. The component sovereign states are more powerful than the central
government.
v. A con-federal state usually possess little political stability
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Merits of a confederation

1. A confederation is economically beneficial to the autonomous states, as a


result of possible economics projects jointly implemented for the benefit
of members of the union.
2. A confederation enables sovereign states to speak with one voice on issues
relating to foreign policy.
3. A confederation enables the components states to retain their individual
identities.
4. Member states in a confederation cannot be compelled to remain in the
union because of their constitutional right to secession.
5. A confederation brings weak component states together to form a strong
nation in order to defend themselves against external aggression

Demerits of confederation

1. The power of the regional government to retain their own police and
armed forces fosters the potentials of an outbreak of civil hostilities.
2. The right of the component states to secede is a source of serious
instability in a con-federal system.
3. A con-federal system does not encourage political unity, which is vital to
the security and development of any nation.
4. Since the component units retain more power than the center, the
authority of the central government to speak and act for the nation, is
undermined.
5. A con-federal system does not encourage even development of the
authority.

DISTINCTION BETWEEN FEDERATION AND CONFEDERATION

s/n Federation Confederation


1. Authority is shared between the center Authority rests with the regions.
and regional government, but the central
government holds superiority.
2. There component units possesses no There is a legal right to secession by the
legal right to secede component units.
33
3. There is only one constitution for the There are constitution for the confederation
center and the component units. and for the component units
4. Sovereignty rests with the center Sovereignty rests with the component state
5. The economy is integrated that is there is The economy under a confederation is not
a common currency integrated
6. There army and the police are The components units control their own army
constitutionally under the control of the and the police
central government.
7. It operate a rigid constitution It operate a flexible constitution
8. The central government is strong The central government is weak
9. There is a legislative body elected by the A legislative body is nonexistent under a
people of the entire federation confederation

RELATIONSHIP BETWEEN THE FEDERAL, STATE AND THE LOCAL


GOVERNMENT IN NIGERIA

1. Creation of the components states of the federation out of a single


country. Sharing of power in the federation.
2. Duplication of government department at the federal, state and local
levels e.g. the civil services.
3. Revenue allocation among the three tiers/ levels of governments.
4. Regular council of states meetings bringing the federal government and
state governments together to brainstorm on crucial national problems.
5. All level of government is under the operation of the same constitution to
form a united government.

LEVELS OR EXECUTIVE LEGISLATIVE JUDICIAL ARM OF


TIERS OF ARM OF ARM OF GOVERNMENT
GOVERNMENT GOVERNMENT GOVERNMENT
Federal or Federal National 1. The supreme
central executive assembly i.e. court
government councils i.e. house of senate 2. The federal high
ministers and house of court
headed by the representatives 3. The court of

34
president appeal
State State executive State house of State high court with
government council i.e. the assembly high courts judges
commissioner headed by the
headed by the house speaker
governor
Local Supervisory Elected council 1. The customary
government council into the courts
areas selected and legislative 2. The registry
headed by the council headed
local by the speaker
government
executive
chairman

REVENUE ALLOCATION

Revenue allocation entails use of certain principles and criteria, to ensure the
equitable distribution of resources of a nation between its components part
and the central government. It is concerned with the sharing of the national
wealth between different levels of government. Revenue allocation can also
be described as the process by which the income or resources of a country
are shared for the purposes of national development. Such income includes
internally generated income like tolls, exercise duties, vat etc. it also include
externally generated income like foreign loans, and the sales of products and
services abroad.

FORMULA FOR THE SHARING OF REVENUE IN NIGERIA

Population: revenue is shared among the states on the basis of the number of
people in the state. Hence, the state with the highest population would receive
more than all other states.

Derivation: This implies that states that have some natural resources such as (oil
producing states in Nigeria) would receive special allocations. Each state receives

35
revenue from the federation account, in proportion to its contribution to the total
revenue generated in to the federation’s purse.

Need of the state: Revenue is allocated to the various states based on their
needs. This is to ensure that each state attains a minimum national standard.

Even Development: This is to ensure that there is uniform development in the


states, less developed states would receive more than the developed ones.

Landmass: The revenue is shared according to the size of the states.

Fiscal Efficiency: Revenue can also be showed on the basis of prudent


management of the economy.

Historically, there have been agitations for the most appropriate formula for
revenue allocation since 1951 till date. The creation of the revenue mobilization
allocation and fiscal commission under the 1999 constitution has not been able to
resolve the issue. The present formula which allocated about 52 percent to the
federal government has not been able to provide a solution to the problem. The
needs for an acceptable formula for revenue allocation has been the occupation
of succeeding government in Nigeria, which have established various revenue
allocation commissions and made other laws or decrees.

CHAPTER 3: THE CONSTITUTIONAL RIGHT AND OBLIGATION OF NIGERIAN


CITIZENS

RIGHTS AND OBLIGATION OF NIGERIAN CITIZENS

In every community in the world, each individual has the right to fulfill his
potentials and interest. Right are defined as the privilege which every citizens
enjoys in a country irrespective of sex, tribe, religions etc. and they are confirmed
by law on a citizens. These rights are universally accepted and very important for
human existence, the only exemption is the variation as it relates to the form of
government in operation in a particular country. Thus, the basic rights of
36
individuals are guaranteed in the community. Every community has rules and
regulation which identify what members should do and not do. These rules and
regulations state the rights of individuals and consequently impose obligation on
both individual and the community as a whole. The rights of individuals are
entrenched in a nation constitution. In order to ensure peace and stability in a
country, the rights of the citizens have to be restricted within the confines of the
country’s laws and construction. In 1979 Nigeria constitution, the rights are
clearly stated in section 30-42 as follows.

1. Right to life: every person has a right to life. The state protects this right by
passing laws against murder and prohibiting suicide. No man is allowed to
kill another man, and no man is allowed to take his own life. This is greatest
of all rights. Every human being has the right to life except those sentenced
by the court of law to death based on criminal charges of which they have
been found guilty.
2. Right to Liberty: everyone is entitled to his personal liberty except in
execution of a sentence on the order of a court, as a result of a criminal
offences of which person has been found guilty.
3. Right to personal security: the safety of every citizen is guaranteed by the
state, and no individual is allowed to damage the reputation of another
citizens.
4. Right to fair trials and ownership of property: every citizen has the right to
own property and have a family of his own. Every citizen shall be entitled to
a fair hearing within a reasonable time by a court or any other tribunal
established by law.
5. Right to vote: every citizen has the right to vote for any political party or
candidates of his choices.
6. Right to privacy
7. Right to freedom of expression
8. Right to freedom of movement
9. Right to freedom from discrimination
10.Right to freedom thought, conscience and religion

FUNDAMENTAL HUMAN RIGHT


37
The right of citizens also includes all liberties under the fundamental human
rights, as contained in the 1948 universal declaration of human rights by the
United Nations at the San Francisco Conference. In order that these inalienable
rights are not unnecessarily tempered with, or some people deprived of them, the
U.N.O. made a declaration on them and made all its member nations to
guarantee them equally for all their nationals and countries to include such right
in to their constitution. In Nigeria, the 1979 and 1999 constitution guarantee the
fundamental human Right of its citizenry. Human rights by the U.N.O are:

1. The right to life security of person, the protection of law, and unimpeded
access to the court of law.
2. Protection from deprivation of property
3. Freedom of conscience and religion
4. Freedom of expression and freedom of press
5. Freedom from slavery, forced labor and in human treatment
6. Freedom of assembly and association
7. Freedom of movement

All these civil liberties arc entrenched in the constitution of member-nations and
are known by various names. In Nigeria and in some other west Africa countries
like Ghana, Gambia etc. these liberties are known as fundamental human rights.
But in U.S.A they are referred to as the “Bill of Rights”. Any aggrieved citizens on
issues relating to civil liberty can seek redress in the law court.

DIFFERENCE BETWEEN RIGHTS AND DUTIES OF CITIZENS

1. Right are things that a citizen is morally, legally or officially entitled to, and
allowed to do or have in a country while duties are the obligation and
actions expected from individual which are morally and legally right.
2. Right are given by the constitutions while duties are things expected of us
by the constitution.
3. Right to protect our basic freedom while duties are things we must do to
ensure that we enjoy our freedom.
4. Right are what we must have while duties are what we must do, that is they
are usually compulsory.
38
CHARACTERISTICS OF HUMAN RIGHTS

1. Universality of human rights: The 1948 united Nation (UN) declaration


of Human rights make it mandatory for every member state of the body
to incorporate human right into their constitutions.
2. Rights as ideal: Human rights are ideals and objectives of the social
order. They constitute the duties or obligations of the state towards its
people.
3. Challenge to state sovereignty: Human rights claim to challenge state
sovereignty and the power of the state. Human rights restrict what the
state can do or cannot do.
4. Human rights are normative and prescriptive: Human rights are both
normative and prescriptive. Normative deals with “what is” while
prescriptive emphasizes “what ought to be”. It is therefore concerned
with what the state is doing and what it should do to enhanced the
protection of its citizens.
5. Enforceability of rights: although the government has a duty to protect
human rights, at times some of these rights are unenforceable. Citizens
can therefore enforce their rights in the law courts.

SAFEGUARDING FUNDAMENTAL HUMAN RIGHT

It is the aim of the rule of law to provide for the protection and basic freedoms of
all citizens. It also provides certain rights and privileges for all citizens. These are
the special rights, citizens of a country may enjoy:

i. The citizen needs basic education in order to identify their rights. For
example, in January 2012, the Jonathan led administration announced
the removal of fuel subsidy; there were agitations everywhere until he
was forced to reverse the removal of total subsidy.

39
ii. It is only the citizens of the country that may be allowed to vote and be
voted for or stand as candidate in an election, seeking political office.
iii. It is also imperative to state that is only citizens of the country that may
form or belong to apolitical party in Nigeria.
iv. It is only the citizen that can hold certain sensitive posts in both the
administrative and political sectors. A non-citizen may not be recruited
in to the Nigerian armed forces, civil services, Nigerian police, custom,
immigration services etc.
v. The government and law enforcement agencies such as the courts,
police, and civil servant are allowed some discretionary powers to set
free a convicted person.
vi. The indigenization decree of 1972 and 1977 provide certain businesses
in the economic sector to be exclusively reserved for Nigerians.

CONDITIONS UNDER WHICH RIGHTS AND FREEDOM CAN EXIST

1. Democracy: This is an essential factor in ensuring the rights and freedom


of the people. Democracy offers individuals the right to freely discuss
political views, and the right to differ concerning them. It creates a leveling
ground for all citizens to express their views.
2. An independent judiciary: This is also an essential condition to safeguard
individual rights. Judges and courts must be fair in protecting individual
liberty from invasion by private individuals, and overzealous government
officers.
3. The existence of law: It is a means of special control which helps to
established order, peace and justices in the state.
4. Free press: A free and independent press acts as a watchdog, and so it
safeguards the people’s rights.
5. Public vigilance: This is another condition to safeguard citizen’s right and
freedom. This implies that citizens keenly watch the activities of the
government and will not tolerate unreasonable interference with their
rights.

LIMITATION TO FUNDAMENTAL RIGHTS

40
i. Citizen’s properties e.g. land can be confiscated by the government for
the purpose of development, widening of existing roads, and the
building of markets. Compensation may be paid to the citizens affected
by the government.
ii. The government can prevent its workforce, student etc. from becoming
members of certain association e.g. secret cults.
iii. During a state of emergency, most governments reserved the right to
detain citizens without trial. Movement can also be restricted by
imposing curfews. An example of such states of emergency is that of
Boko-Haram sect within northern Nigeria, and the Jos Crisis.
iv. A citizens found guilty of certain offences by the law court may be
denied of his rights.
v. The right of the citizens can be suspended on grounds of ill-health. A
mad person can be restricted likewise, a person suspected to be a drug
addict can be restricted.

RESPONSIBLITIES AND DUTIES OF NIGERIAN CITIZENS

In any organized society, there are rules and regulations which control
individuals. The strength and orderliness of a society depend upon the extent
to which its members perform their duties. The following are the
responsibilities and duties of Nigerian citizens.

a) Defense: citizens are expected to serve their nation when called upon to do
so especially when the country is facing military attack from foreign
country. In some advanced countries like the U.S.A., it is compulsory for
citizens to serve briefly in the army in the case of war.
b) Obedience: A good citizens must obey every law, rule and regulation made
by the government of the country. Law and order can only be maintained
when citizens are law abiding.
c) Payment of Taxes: Citizens are obliged to pay their taxes regularly and
promptly in order to provide revenue for the government.
d) Loyalty: The responsibility of any citizens is to be loyal to the government
of this country.

41
e) Assisting Law Enforcement Agents: citizens are expected to assist law
enforcement agents to maintain peace and order, and in some cases report
criminal suspects to the police.
f) Public property: it is the duty of the citizen to take proper care of public
property. The property of the state must not be vandalized.
g) National Flag and Anthem: citizens must respect the national anthem by
standing at attention when the anthem is played or when the flag is raised.
It is the responsibility of citizens to learn and recite the national pledge.

Appraisal: in the exercise of the rights of citizenship and in the performance of


the duty of obedience to state, citizenship duties imply the element of “will
power” as the basis of civic action. For instance, as far as the right to vote is
concerned, a citizen may decide not to vote and the implication will be the
emergence of an unpopular government. It therefore becomes obligatory for a
citizens to exercise his right to vote where and when necessary. The performance
of civic duties too, such as payment of taxes, taking part in community
development projects etc. is based on moral consideration.

RESPONSIBILITIES AND DUTIES OF CONSTITUTED AUTHORITY

Constituted Authority refers to people, bodies, or organizations that are vested


with the power to discharge some duties in the collective interest of members’ of
their community or organization. The responsibilities of leading, coordinating
organizing, motivating, reporting, managing and so on, purposely for overall
development of the community or the organization they represent. Examples of
constituted authority include the president, senate president, speaker of the
House of Representatives, chief justices, governors, school principals, traditional
rulers, policemen, and civil servants, religious and traditional leaders.

RESPONSIBILITIES AND DUTIES OF THE GOVERNMENT TO THE PEOPLE

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Law making, enforcement and adjudication: out of the many function of the
government, the most essential ones include law making, law execution and law
adjudication.

Maintenance of law and order: To prevent lawlessness in a state, it is important


for the government to maintain law, peace and order in the state. Law
enforcement agents like the police, civil defense corps, WAT Bridge, and Law
courts are established and equipped in a bid to carry out this fundamental
function of the government.

Defense of the state: it is the duty of government to protect its citizens. Hence,
standing armed forces are established and equipped in order to maintain the
territorial integrity of the state, and to protect it from external oppression or
internal crisis, and for other states to respect its sovereignty.

Security of lives and property: The government is responsible for the protection
of the lives and property of its citizens. Law enforcement agencies and law courts
carry out this function not only for the citizens, but also for immigrants living
within the state territory.

Administration of justice: The law court is an arm of the government established


to settle disputes and administer justice. Prisons and remand homes are
established to punish and rehabilitate offenders and criminals. They are also
meant to maintain peace and equity in the land.

Provision of social services: the government is obliged to provide social


amenities to the citizens to make life comfortable, and to justify the collection of
taxes. This also includes the structural development of the state.

Political functions: Conduction of periodic free and fair election to ensure smooth
and peace full transition of government, maintaining a stable political
atmosphere, and policy making and execution are example of the political
functions of the government.

External Relations: Establishing and maintaining good external relations with


friendly nations is part of government’s responsibilities. For this to be achievable

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embassies and high commission are established and maintained in those
countries; ambassadors and High commissioners are appointed to take charge of
them.

4: CITIZENSHIP

DEFINITION OF CITIZENSHIP

Membership of a state or country is known as citizenship. in modern states,


citizenship is used to express the status of an individual who possesses full
political right by the same token , such individuals are obliged to perform
certain duties and an obligation to the state since privileges necessarily entails
responsibility. A citizen is a person who owes allegiances to and in turn receives
protection from the state.

Citizenship is characterized by allegiances and services on the part of the citizen


and protection by the state. Each nation determines what qualification must be
met for citizenship, The Constitution of the Federal Republic of Nigerian
promulgated under Degree No 2 of 1989,stipulated how Nigerian citizenship
normally is acquired citizenship normally is acquire by birth ,but it may be
acquired subsequently by a process known as Registration and Naturalization.

TYPES OF CITIZENSHIP

In Nigerian, the Nigerian constitution of 1960, 1963, 1979, and 1999 all adopt
three kinds of citizenship,

These are Birth, Naturalization and Registration.

Citizenship by Birth

By birth is the commonest way in which individual may acquire citizenship of a


country or state. That is by

1. Being born to parent s who are citizen of that state /country or,
2. Being born within the territory of that state.

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The following categories of persons are citizens by birth in Nigerian

a. Every person born in Nigerian before the date of independence or either of


whose parents or grandparents belongs to a community indigenous to
Nigerian.
b. Every person born in Nigerian after the date of citizen of Nigerian
c. Every person born outside Nigerian either of whose parent is citizen of
Nigerian.

Merit of citizenship by birth

1. Citizenship by birth is an inalienable status, which cannot be forfeited.


2. It raises national consciousness in citizens and makes them more loyal and
patriotic to the cause of development of their country.
3. Citizens see themselves as being related by blood. This elevates their sense
of blondness which in turn encourages them to work more closely and
harmoniously for the overall survival of their country.

Demerits of Citizenship by Birth

 This mode of acquiring citizenship is more of an imposition because of its


nature. Little wonder then, that some people renounce their citizenship
acquired by birth for that of other countries.
 In any country where place of birth is consider to be paramount, it may
lead to over population. This might be the likely reason why some
expectant mothers travels to us for example to deliver their babies
knowing full well that these babies automatically acquire the citizenship
status of this country. The possible effect of this phenomenon is over
population.
Citizenship by Registration

Registration can also make an individual a citizen of a place, in Nigeria, if the


president certified that,

a. He is a person of good character and


b. He has shown a clear intention of his desire to be domicile in Nigeria.

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c. He has taken the oath of allegiance prescribed in the 7th schedule of the
1999 constitution.

However, in Nigeria, going by this kind of citizenship, it is clear that being


married to a Nigerian citizen does not confer Nigerian citizenship on any
one, just like being born on Nigerian soil to non-Nigerian s. more so the
1979,1989,1999 constitutions disallow dual citizenship as against 1960 and
1963 constitution, which allow it beyond the age of 21years.

Merits of Citizenship by Registration

Citizenship by registration has the following merits

1It enable women who are married to citizen of other countries to be fully
integrated into their new places of abode.

2. Persons born outside the home country of any of their new places of
abode.
3. There is mobility of international citizenship in that citizenship by
registration makes it possible for people who are from disadvantaged
countries to have the opportunity of becoming bona fide citizen of
another country.

Demerits of Citizenship by Registration

1. Citizenship by registration granted to a person could be easily with drawn


for flimsy reason.
2. Person who became citizen of a particular country by registration is likely
to be regarded as second class citizen not minding the number of years
they have resided in the country.
3. Citizenship by registration allows for Children of citizen ship to acquire
that of other countries, to come back again and reacquire the lost
citizenship

Citizenship by Naturalization

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One could acquire citizenship through a voluntary process known as
naturalization, Naturalization simply refers to a situation where a subject
(Indigene) opts out of the membership/ citizenship into another country to seek
for Naturalization in Nigerian, the individual is expected to apply to the president
of the federation for the grant of a certificate of naturalization on the grounds
that he or she possesses the following qualifications.

a. If he is a person of full age and capacity.


b. If he has shown a clear intention of his desire to be domicile in
Nigerian.
c. If he is a person who has made or is capable of making useful
contribution to the advancement, progress and well-being of
Nigerian.
d. If he is the person of good character.

Merits of Citizenship by Naturalization

1. Citizenship by naturalization affords person who have stayed long in a


country and have contributed to the growth of the country, the opportunity
of being accepted as citizens.
2. Naturalization enhances the growth and development of the host country
because important human and material resources from other countries are
moved down to the host country.

Demerits of Citizenship by Naturalization

1. Citizenship by naturalization gives room for offenders in a country to flee


their countries and acquire the citizenship status of another country
thereby escape the wrath of the laws of their respective countries.
2. The conditions attached to the method of acquiring citizenship by
naturalization are more strict and stringent thereby making its acquisition
more problematic.
3. This type of citizenship can be withdrawn by the government of the issuant
country even under reasons that are not cogent enough.

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NIGERIAN CITIZENSHIP

The Nigerian citizenship is indeed not different from all that has been
discussed above. Indeed, citizenship right from 1963, has not seriously
changed, though in the four inter region periods, a good number of
citizenship rights were suspended. In fact, in Nigeria beginning from the
independence constitution of 1960, detailed provision for fundamental
human right have been made. Chapter IV of the 1979 and 1989
constitutions of the federal republic of Nigerian contain the fundamental
human right of Nigerian citizens. These rights include right of life, right to
dignity of human person , right to private and family life, right to personal
liberty, right to fair hearing, right to freedom of thought, conscience and
religion , right to freedom of expression and the press , right to peaceful
assembly and association , right to freedom from discrimination whether
by virtue of religious, racial . Political, or sexual differences, it must be
stressed that these right are not unlimited in fact; there are limitation to
these right. For instance, the Nigerian state, because of its business of
preservation of law and order in the society, concerns indirectly incites or
could lead to immediate disorder is subject to penalty.
Furthermore, Nigerian citizenship being the reciprocity (the nation of give
and take) does not only confer rights on individuals. It also demands certain
duties and obligations forms the individuals as wells .Duties are those
requirements which ensure the stability and orderliness of the state and its
survival as a heritage for future generations. They are, in fact, social
responsibilities which an individual owes to the state .failure to carry them
out may attract penalty or punishment. Obligations on the other hand, are
moral responsibilities expected of the individual by the state. Failure to
carry them out may not attract penalty or punishment.
The duties and the obligations of the Nigerian citizen include the following.

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1. Loyalty to the nation.
2. obedience to the law
3. payment of tax
4. Upholding national political culture such as respect for the national
flags, Anthem and the national pledge.
5. Protection and preservation of public property and to fight against
misappropriation and squandering of public funds.
6. Helping to enhance the power, prestige and good name of the country
and to defend the country and render national services as may be
required.
7. Respect for the dignity and religion of other citizen and to live in unity,
harmony and in the spirit of common brotherhood.
8. Making positive and useful contribution to the advancement,
progressive and well-being of the community where one resides.
9. Ensuring the proper upbringing of one’s children
10. Participation in and defense of all democratic processes and practices.
11. Rendering of assistance to appropriate and lawful agencies in the
maintenance of laws and order, and
12.Declaring of one’s income honestly to appropriate and lawful agencies.

From foregoing, one may by way of summarizing conclude that citizenship entails
a give and take attitude i.e. reciprocity. Thus in the words of Agagu (1993) while a
citizen discharge some duties and obligations to ensure the survival and the uplift
of his state, he in return enjoys some right .it is the interplay of these two that
makes for balance and stability.

DUAL CITIZENSHIP

Dual or multiple –citizenship is a situation whereby an individual belongs to two


countries at the same time. A person may belong to two countries by virtue of the
parent’s nationality. In some circumstances, the conflict of nationality and
citizenship laws of different countries result in dual or multiple –citizenship. A
person born in a state applying the ‘Jus Soli’(RIGHT OF THE SOIL) to parent s who
are citizen of a state applying Jus Sanguinis (right of blood) is a national of each

49
country by its owns laws . This situation is common, for example when a child
born by Nigerian parents in California in the unit ted state of America
automatically belongs to another nation of his birth place (America) and other
Nation (Nigeria) because of his parent .on the other hands marriage between
citizen of two nations provide that a wife takes the nationality of her husband
while the other does not. Naturalization also leads to duals nationality if the
countries of former nationality refuse to permit its citizenship to be lost or
renounced, Article 15 of the universal declaration of Human Right states,

‘Everyone has the right to a nationality. No one shall be arbitrarily deprived of his
nationality or denied the right to change his nationality.’

To effect single citizenship in Nigeria, any person who acquire or retain the
citizenship of another country shall be made to renounce it or forfeit his
citizenship. In fact any person who acquired his citizenship through naturalization
or registration must within a period of not more than twelve months from the
date of when such registration or naturalization is granted renounce the
citizenship of his country of birth or lose his Nigerian citizenship.

A Nigerian citizen not by birth shall forfeit his citizenship status if he acquire or
retains the citizenship of any other country other than that of Nigerian. According
to provision of section 28 of the 1999 Nigeria constitution

‘Subject to the provision of this section, a person shall forfeit, for with his Nigeria
citizenship if not being a citizen of Nigeria by birth.’

He acquires s or retains the citizenship or nationalities of a country, other than


Nigerian of which he is not a citizen by birth,

This section of the constitution can be interpreted to means that dual citizenship
is allowed for citizens of Nigerian by birth. This is to say that a citizen of Nigeria by
birth can still retain the citizenship of another country if he so desires. Also a
person who is either a registered or naturalized citizen of Nigerian is given the
opportunity to retain the nationalities of their original country but the
government of Nigerian can withdraw their Nigerian citizenship if it is discovered

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that they retained the citizenship of other countries apart from that of countries
where they are citizen by birth.

DEPRIVATION OF NIGERIAN CITIZENSHIP

According to section 28 of the 1989 constitutions, the president may deprive


people Nigerian citizenship other than people who citizens of Nigeria by birth.

 If such a person has, within a period of several years after becoming


naturalized, been sentence to imprisonment for a term of not less than
three years.
 if the person has shown himself by act or speech to be disloyal towards
the federal republic of Nigeria
 when a person during any war in which Nigeria was engaged unlawfully
traded with the enemy or assisted such an enemy to the detriment of
Nigeria
 If a non-Nigerian who has acquired the Nigerian citizenship either through
registration naturalization is not faithful, loyal and honest to Nigeria.
 They are unable to make meaning contributions to Nigeria, and preserve,
protect and defend the constitution of the federal republic of Nigeria.

CHAPTER 5: THE FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF


STATE POLICY IN NIGERIA

Fundamental objectives are defined as the identification of the ideals the state is
expected to attain, while directive principles refer to the policies which lead to
the attainment of these objectives. These objectives and principles are spelt out
in chapter two of the 1990 constitution of Nigeria.

Reason for the inclusion of fundamental objectives and directive principles in the
constitution are:

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i. The objectives and fundamental principles serve as a constant reminder
to maintain a sense of unity by the government.
ii. Clear definition of the objectives and principles in the constitution
removes unnecessary political controversy, thereby ensuring that future
discussion focus on the practical implementation of those objectives and
principles, and make the government much more responsible
iii. They are designed as target towards which the country must aim its
development.

iv. Fundamental objectives and directive principles define the goals for the
country without which it would continue to drift aimlessly. This will
enable the people unite into one nation bound together by common
attitude and values, common institution and procedure, and the
acceptance of common objectives, and a common destiny.
v. The objectives and principle are designed for the welfare and
advancement of the society.

FUNDAMENTAL OBLIGATION OF THE GOVERNMENT

According to chapter II Section 14 of the 1999 constitution of the federal republic


of Nigeria; the federal republic of Nigeria shall be a state base on the principles of
democracy and social justices. It is hereby, accordingly, declared:

 Sovereignty belong to the people of Nigerian from whom government


through this constitution derives all its power and authority ;
 The security and welfare of the people shall be the primary purpose of
government.
 The participation by the people in their government shall be ensured in
accordance with the provision of this constitution.
 The composition of the government of the federation or any of its agencies
and the conduct of its affairs shall be carried out in such a manner as to
reflect the federal character of Nigeria and the need to promote national
unity.

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Comments:

Firstly, the constitution states that sovereignty belongs to the peoples, this
invariably means that whatever the policy adopted by the government, they will
of the people is supreme. However, in reality, this is not true, immediately our
leaders assume position of authority, they tend to move towards democracy
where by the will of the people are no longer respected. A recent example is that
of the fuel price increase which led to national agitations. Not only that, there is
no security of life and property, welfare issues are nothing to write home about,
government hospitals are virtually dead, people patronize private clinics, security
agencies cannot guarantee security of lives and property, communities from
vigilante, and urban resident go to the extent of contributing funds among
themselves to purchase trips of sand and gravel to fill pothole on their roads.

Political objectives

Section 15 of the Nigerian Constitution state that the motto of the Federal
Republic of Nigeria shall be Unity and Faith, Peace and Progress.

Accordingly, national integration shall be actively encouraged while discrimination


on the ground of place of origin, sex, religion status, ethnic or linguistic
association or tiers shall be prohibited. The constitution states further that for the
purpose of promoting national integration, it shall be the duty of the state to.

 Provide adequate facilities for, and encourage free mobility of people,


goods and services throughout the federation
 Secure full residence rights for every citizens in all parts of the federation
 Encourage inter-marriage among persons from different place of origin.
 Promote or encourage the formation of association that cut across ethnic,
linguistic, religious or other sectional barriers.
 The state shall abolish all corrupt practices and abuse of power.

Comments:

The political objectives, while aimed at national integration by encouraging


Nigerians to live together as one strong united nation is only a façade. It is always

53
a litany of woes. The body polity remains besieged by many ills-mass corruption,
moral decadence, delinquency, a belligerent political class. In the political arena,
governance has become the forgotten mission. Nigeria needs to break the vicious
circler of bad governance’’ we are trapped in.

Economic objectives

Section 16 chapter II the 1999 constitution states the ideals and economic
objectives thus:

 Harness the resources of the nation and promote national prosperity and
an efficient, a dynamic and self-reliant economy, for every citizen on the
basis of social justices and equality of status and opportunity.
 Control the national economy in such manner as to secure the maximum
welfare, freedom and happiness of every citizen on the basis of social
justices and equality of status and opportunity.
 Without prejudice to its right to operate or participate in areas of the
economy, other than the major sectors of the economy;
 Without prejudice to the right of any person to participate in areas of the
economy, protect the right of every citizen to engage in any economic
activities outside the major sectors of the economy.

The state shall direct its policy towards ensuring

a. The promotion of a planned and balanced economic development.


b. That the material resources of the nation are harnessed and distributed as
best as possible to serve the common good.
c. That the economic system is not operated in such a manner as to permit
the concentration of wealth, or the means of production and exchange in
the hands of few individual or of a group and;
d. The suitable and adequately shelter, suitable and adequate food,,
reasonable national minimum living wage, old age care and pensions,
unemployment allowances, sick benefits and welfare for the disable are all
provided for all citizens.

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Comment:

The entire economy of the country is in the hands of few privilege individuals who
dictate production, prices, and enjoyment capacity. Nigerian has all that can make
it fly high. The opportunities are available in abundance. It has over 84 million
hectares of cultivable agricultural land, and has a robust deposit of solid minerals
whose exploitation is unorganized and poor. These solid minerals are widely
spread across 450 locations. In most of the 36 states of the Federation and the
federal capital territory. Each of these minerals is worth billions of dollars in
revenue annually, and hundreds of thousands of jobs for local attention.

Social objectives

Section 17 states that the social order is founded on ideals of freedom, equality
and justice.

 Every citizens shall have equality of rights, obligations and opportunities


before the law;
 The sanctity of the human person shall be recognized and human dignity
shall be maintained and enhanced.
 Governmental action shall be humane;
 Exploitation of human or natural resources in any form whatsoever for
reasons, other than the good of the community, shall be prevented; and
 The independence, impartially and integrity of courts of law, and easy
accessibility thereto shall be secured and maintained.

The state shall direct its policy towards ensuring that:

a) All citizens, without discrimination on any group whatsoever, have the


opportunity for securing adequate means of livelihood as well as
adequate opportunity to secure suitable employment;
b) Conditions of work are just and humane and that there are adequate
facilities for leisure and for social, religions and cultural life;
c) The health safety and welfare of all person in employment are
safeguarded and not endangered or abused;

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d) There are adequate medical and health facilities for all persons
e) There is equal pay for equal work without discrimination on accounts of
sex, or any other ground whatsoever;
f) Children, young persons and the aged are protected against any
exploitation whatsoever, and against moral and materials neglect;
g) Provision is made for public assistance in deserving cases or other
condition of need; and
h) The evolution and promotion of family life is encouraged

Comment

In the social sector, our traditional values are nearly extinct. There is no freedom,
equality and justice in Nigeria; it is only mere paper work. There is high level of
unemployment in Nigeria. The country is breeding young men and women that
are hungry and angry. No cogent provisions for the aged in the country. The issue
of equal pay for equal work is a farce as there are salary differentials between the
federal and state workers. Poverty and hopelessness stalk the landscape.

Educational objectives

Section 18 of the 1999 constitution states that Government shall directs its policy
towards ensuring that there government equal and adequate educational
opportunities at all levels.

 Government shall promote science and technology;


 Government shall strive to eradicate illiteracy, and to this end, government
shall as at when practicable provide;
a) Free, compulsory and universal primary education;
b) Free secondary education;
c) Free universities education; and
d) Free adult literacy programmed.

Comments:

There is still great imbalance in the educational sector between the north and
south. Educational facilities are not accessible to all. We still have a high rate of

56
illiteracy in the country. The issues of the girl child education are still a problem
especially in the north. The provision of free education at primary through
university levels as at when practicable is a deceitful statement as the
government will always finds excuses for non-implementation.

FOREIGN POLICY OBJECTIVES

Section 19 states that the foreign policy objectives shall be

a) Promotion and protection of national interest


b) Promotion of African integration and support for African unity
c) Promotion of international co-operation for the consolidation of universal
peace and mutual respect among all nation and elimination of
discrimination in all its manifestation.
d) Respect for international law and treaty obligation as well as the seeking of
settlement of international disputes by negotiation, mediation,
conciliation, arbitration and adjudication; and
e) Promotion of a just world economic order.

DIRECTIVE ON NIGERIAN CULTURE

Section 21 posits that the state shall.

a. Protect, preserve and promote the Nigerian culture which enhance human
dignity and are consistent with the fundamental objectives as provided in
this chapter
b. Encourage development of technological and scientific studies which
enhance cultural values.

Comment:

57
It is imperative for the government to protect and promote Nigerian culture.
There is some machinery the government has put in place to ensure that our
culture is preserved and promoted. For instance, both the public and private
sectors are allowed to put on traditional wears on Friday, and it has been
adopted throughout the federation to conduct the affairs of state houses of
Assembly in indigenous languages. This is a plus to the government.

OBLIGATION OF THE MASS MEDIA

Section 22, states that the press radio, television, and other agencies of the
mass media shall at all-time be free to uphold the fundamental objectives
contained in this chapter and uphold the responsibility and accountability of
the government to the people.

Comments:

Many Nigerian media platforms are politically controlled, so they are easy to
access as tools of misinformation. FOI (Freedom of information) has been
passed in to law which is very an impressive step by the government.

NATIONAL ETHICS

Section 23, posits that the national ethnics shall be discipline, integrity, dignity,
of labor, social justice, religious tolerance, self-reliance and patriotism.

Comments:

This is an indication that Nigerian as a country has certain way she wants her
citizens to conduct themselves as responsible citizens. This is framework of
basic values that gave its members security and guidance for the country to be
stable and prosperous.

Conformity and recommendation


1. The government both at the federal and the state levels should recognize
the political sovereignty of its people by ensuring a just and egalitarian
society

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2. The security and welfare of the people should be paramount to the
government
3. National integration should be actively pursued
4. Corruption should be stopped by putting anti-corruption structures
5. The resources of the nation should be harnessed for the benefit of all
6. Government should make education affordable to its citizens
7. Adequate help facility should not be designed for a few privileged ones,
but should be accessible to all.

Finally citizens are expected to perform all the duties assigned to them in the
constitution by the fundamental objectives and directive principles of state
policies

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