CITIZENSHIP EDUCATION (GNS 111)

LECTURE NOTE

BY

BALARABE MUHAMMAD
MEANING OF CONSTITUTION
CONSTITUTION
Professor K.C. Wheare, for example, in his book Modern Constitutions defined a
Constitution as "the collection of rules which establish and regulate or govern a government.
"Professor A.V. Dicey (a learned constitutional lawyer) also sees a constitution as that which
determines the distribution and exercise of the sovereign power within a political society or
state." There is yet another definition by Austin Ranney. According to him, "a Constitution is
the whole body of fundamental rules, written and unwritten, legal and extra-legal according to
which a particular government operates. “From all the above, a constitution may generally be
seen as the fundamental Laws and principles by which a state is governed.

IMPORTANCE OF A CONSTITUTION
 As a guide, the Constitution determines (at least theoretically) the manner and
direction of a state. It is the 'guide-mark' for the government of a land. The
constitution in a nutshell determines and defines the relationship between. The
government and the governed interms of the laws and rules of the land. The
Constitution is binding on all and requires that the operators and the agents of
government should follow the dictates and terms of the constitution. When they act or
rule beyond the terms of the constitution, such decisions could be summarily declared
unconstitutional and illegal by a court of the land.
 The constitution also embodies the duties and obligations of the government and the
governed alike. There are certain principles and objectives that should guide
government in its day to day decisions which are encoded or implied in constitutional
terms. Similarly, the governed has his rights, obligations and limits defined in the
same constitution.
 Talking of rights and obligations for example, the Nigerian Constitution of 1979 has
sections which define or spell out the 'freedoms' and 'fundamental rights' of the
citizens. These are usually spelt out in the constitution so that the individual and
government agencies could be made to observe such.

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 The basic political structures of a state are also determined by the constitution of a
country. The type of government in a land whether unitary, federal, confederal etc. are
usually enshrined in the constitution.
 The constitution also promotes or outlines the popular political principle of separation
of powers. The organs of government include the executive, legislature and the
judiciary. The constitution would contain this and spell out the functions and
limitations of each arm of government. This concept of separation of powers often
helps to prevent autocracy, despotism and 'power mongering from arising from any
arm of government.

The constitution would also spell out the tenure of public office holders, the manner and
method of elections and other means of ensuring a peaceful change in government while still
maintaining the machineries of government even during such transitions. In some cases,
elections for the executive are held every four or five years while the members of the
legislature are also elected for specific periods. The constitution is therefore a kind of
'calendar' that gives states there terms and manners for achieving change in government.

SOURCES OF A CONSTITUTION
Conventions- conventions refer to the norms and principle available to the politicals
history of a people. It now forms an important sources of constitution making. In their book
some problems of constitution, G. Marshall and G.C. Moddie both defined conventions as
“certain rules of constitutional behavior which are considered to be binding by and upon
those who operate the constitution, but which are not enforceable by law courts, nor by
presiding officers in the house parliament.” Conventions are therefore not written, but are
those established practices, principle and ideals peculiar to a people’s political culture.
Although those rules (conventions) are binding, there are no written rules of laws behind
them. Public opinion and custom also reinforces the conventions. Conventions also surface
even in the day- to- day running of communities where there also unwritten rules and norms
that are nevertheless observed. At the national level, similar principle applies. In the business
of government, conventions normally fill the gaps left in a constitution. They are practical
guides that are considered necessary for the workings of government.

Judicial decision (precedents) or case laws-

The pronouncements of the court on the written and unwritten sections of the law are
significant and form part of the sources of constitution. The courts interpret status, acts and
other laws passed by the legislatives body. Constitutional and supreme courts also interpret

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constitutions while their rulings also serve as precedents that becomes binding on the
constitutional process. Most of the rulings from those courts relating to constitutional matters
also constitute important sources of constitution and are normally cited and followed in
subsequent case.

Legislation- Another source of a constitution is legislature. This is particularly true of

unwritten constitutions. From time to time, statutes, bye-laws, acts of parliaments and orders
(even from local governments) are made which eventually become laws. In Britain in
particular, such laws have assumed significant roles in the country. There are also several
status passed that have become a sources of the British constitution. Such popular statues
include the Magna Carta (1215), the petition of right act (1911), the race relations act of
settlement (1701), the parliament act (1911), the race relations act (1968) and the
representation of people’s act (1969).

Customs and customary practices There is room also for the inclusion of certain customs and
customary practices of the land especially in an unwritten constitution. Britain refers to such
customs and customary practices as the “common law” which are derived from the customs
and traditions of the past. The rights to free speech (freedom of speech) for example came
from the common law. These customs and customary practices have become part of the
constitution and accorded due legal recognition.

The writings of scholars- The writings and viewpoints of eminent scholars, lawyer, jurist’s
etc. also have role to play in constitutions whether in theory or in practices. Constitutions are
never draw without sufficient research into works of renewed scholars. A few scholars whose
writings and thoughts have influenced constitutions include the likes of Professor A.V.
Dicey, John Locke, Aristotle and Thomas Hobbes of renowned-memory.

International documents- International documents always form significant inputs in the

drawing of nations’ constitution. A good example has been the United Nations Universal
Declaration of Human Rights of 1948. Several nations have turned to that declaration as an
important component of their constitutions.

Constitution conferences- Before some constitution are ever drawn up, constitution
conference are usually held. The decisions emerging from such conference have also formed
significant components of the new constitutions. In Nigeria, for example, the 1954
constitutional conferences were well reflected in the constitutional recommendations that

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followed (i.e. the Lyttleton constitution). Similarly, the 1960 independence constitution had
its background in the 1957 and 1958 constitutional conferences.

Types of constitutions
a) Written constitution:- is one in which the whole body of fundamental laws, customs
conventions, principles, rules and regulations according to which a particular government
operates are written or documented. Nigeria and USA are good example of countries whose
constitution are written.

Feature:
 It is a single document or handbook
 It outlines the composition and powers of the executive, legislature and judiciary
 It outlines the fundamental rights of citizens
 It outlines its own amendment procedures

Merits
 It ensures and promotes political stability because it is not easily changed
 It promotes a sense of belonging among citizens as it serves as a unifying fame
 It minimizes unconstitutional acts by leaders being (hat. it is a public document
 It has greater precision because it is written and makes for easy reference
 It provides a means of measurement i.e. a sort of checklist for gauging performance
 It reduces authoritarian tendencies amongst leaders
Demerits
 It does not adapt easily to the dynamics society
 It encourages litigations and conflicts
 It is difficult to amend
 It discourages rapid development because of its rigid nature

b) Unwritten constitution
An unwritten constitution is one that is rooted in historic traditions and principles of
liberty. It does not have its components or provisions written down in one document. Britain
and New Zealand are good examples of countries, whose constitutions ions are unwritten.
Features
 Not written-in a single document
 Rooted in historic traditions

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 Made up of conventions, statutes and customs of the people
Merits
 It is very flexible and so can easily adapt to a country’s changing socio, economic
needs
 It reduces litigations and conflicts because of its flexibility
 It is easily understood by the citizens since it has developed out of their
traditions/experiences
 It can be amended easily
 It enhances quick decisions
Demerits
 It lacks greater precision
 It has no adequate checks and balances
 It is not easily known by citizens and so can be easily manipulated
 It can lead to dictatorship or arbitrary governance (ruling by the use of human
instincts)
 It does not provide easy reference when disputes arise

One good example of written constitution is a federal constitution, Examples of an

unwritten constitution are unitary and international constitution. We shall consider each in
turn.
i) Federal constitution
It is a constitution that provides for a federal system of government in which power is
constitutionally distributed, allocated and shared between the central (federal)
government and the component units.
A federal constitution divides powers substantially according to a principle that there
are single independent regional authorities for other matters, each set of authorities
being coordinated to and subordinated to others within its own sphere. Component
units of the federal system in Nigeria, for example, are states and local governments.
Countries that operate federal constitutions include Nigeria, USA, Australia, Canada
etc.
Features of a federal constitution
 It is a written constitution
 It is a rigid constitution i.e. non-flexible and not easily amended
 Duplication of organs of government in all tiers
 Bicameral legislature
 Sharing and distribution of powers and functions among the different arms and tiers

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of government
 The constitution is normally made supreme.
Merits
 It minimizes the domination of minority groups by the majority
 Respect for the constitution is guaranteed
 Discourages the concentration of power in one individual or arm of government
 Promotes unity in diversity
 Grants independence and autonomy to the federating units
 It provides a platform for wider representation of the people
Demerits
 It is too rigid and not easily amended
 It encourages a weak centre
 It encourages marginalization of minorities
 It is too expensive to operate .
 It may encourage sectional consciousness thereby creating instability
 It encourages secession
ii) Unitary constitution
A unitary constitution is one that concentrates power in a single authority i.e. the central
government. All powers are top-down. The state is governed as one single unit in which
the central government is supreme; Any administrative divisions (sub-national units)
exercise only powers that the central government chooses to delegate. Britain, France and
Italy are examples of countries that operate unitary constitutions. African countries that
practice unitary system of government are Ghana, Sierra Leone, Gambia, Ethiopia, Togo
and Cameroon.
Note: A unitary constitution was adopted briefly for Nigeria by the Late. Lt. General
Aguiyi lronsi between 15th January 1966 and 27lh July .1966.

Features
 It is a flexible constitution
 Central government is supreme
 There is only one constitutional legislature (unicameral)
 There is no constitutional division of power
 All powers are top-down Component
 States derive powers from the centre
Merits
 Promotes conditions of stability

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 Decisions can be taken easily
 Promotes rapid development since problems can be addressed quickly
 Easy adaptation to change and less expensive
Demerits
 Individuals can easily assumed unprecedented powers leading to dictatorship
 Not suitable for multi-ethnic nations and large countries
 There may be limited respect for the constitution as it is not easily known
 It gives room for domination of minority by majority groups
 Unsuitable for large countries with multi-ethnic groups
 Local initiatives at the grassroots can be easily undermined

CONSTITUTIONAL DEVELOPMENT IN NIGERIAN

THE NIGERIAN COUNCIL OF 1914
The Nigerian council was established by Lord Frederick Lugard after the amalgamation of
Southern and Northern Nigerian 1914.The establishment of the council marked the first stage
in the constitutional development of Nigeria. The council was a purely advisory body. It had
no power to make laws. Its main function is to discuss the Governor’s annual Administrative
proposals and polities. The council consisted of 36 members, 23 of whom were European
Officials, and 13 of whom where non-official members, 7 Europeans and 6 Nigerians
appointed to represent commercial, mining and chieftaincy interest. The significance of the
council lay in the fact that, it was the first council set up to discuss the affairs of the whole of
Nigeria. But, it should be noted that the Nigerian council existed side by side with legislative
council of the Lagos colony, until the latter was abolished in 1922 by the Clifford
constitution.

FEATURES OF CLIFFORD’S CONSTITUTION OF 1922

In 1922, Sir Clifford introduced the first formal constitution for the country. The main
features of the constitution were:-
i. Introduction of the first elective principle in Nigeria and in West Africa. Similar elective
principle was introduced in Gold Coast (Ghana) in 1925 and Sierra-Leone in
1924.Following the introduction of the elective principle in Nigeria, Africans were
elected into the legislative council for the first time. Three from Lagos and one from
Calabar.
ii. Legislatives council was made up of 46 official members while 19 were unofficial
members.
iii. There was an executive council composed mainly the officials.

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iv. The legislative council legislated only for the southern provinces.
v. Laws for the North were made by Governor’s proclamation.
vi. There was no Africans in the executive council.
vii. Division of the north and south into provinces

FEATURES OF RICHARD’S CONSTITUTION OF 1946

i. It established a single legislative council for the whole Nigeria. The south and the
north were now united under one legislative council. The North was no longer
isolated from the legislative council like in the Clifford’s constitution.
ii. For the first time, allowed majority unofficial members in the legislative council
iii. The principle of regionalism was formally entrenched in the constitution, recognized
three Region viz-Eastern, Western and Northern region
iv. It introduced regional council.
v. It introduced a house of chiefs for the north.

FEATURES OF MACPHERSON CONSTITUTION OF 1951

i. It established a central legislative and a central executive council for the whole
country.
ii. The central legislative was known as the “House of Representatives.’ It was a
single chamber House/legislature
iii. The central executive was known as the “council of ministers” and consisted of
the governor as president, 6 ex-officio members and 12 ministers.
iv. There were regional legislative and regional executive councils for the North, west
and East.
v. The regional legislatures of the north and west consist of two chambers, the house
of chiefs and the house of Assembly.
vi. The eastern region had a single chamber-the house of assembly, there was no
house of chief The eastern councils consist of the lieutenant governors and
members of the regional legislature appointed by the lieutenant Governors.
vii. The Regional Legislatures could only legislate on certain prescribed subjects e.g.
Agriculture, education, local government etc.
viii. The central legislature could legislate on all subjects and could vote on regional
legislations.
ix. A public service commission for the appointment, dismissal and other
disciplinary control of public officers was established for Nigeria.

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FEATURES THE LYH ELTON CONSTITUTION OF 1954

i. The Governor become known as the Governor-General of the federation of Nigeria

and the Lieutenant-General became Governors of their respective regions;
ii. The offices of the speaker and the deputy speaker were created to preside over
regional legislatures with the exception of the North.
iii. The establishment of regional Premiers who headed regional executive councils and
appointed ministers to take charge of government departments.
iv. The regionalization of the judiciary and the public services or the civil services
v. A reduction in the number of official members and appointed members in the central
and regional legislatures as well as in the executive councils. The proportion of
elected members was substantially increased.
vi. A revised division of powers between the central and regional governments.
vii. The central legislation was unicameral.
viii. Each region had three ministers in the council of ministers at the federal level.
ix. There was no provision for the office of a prime minister at the Centre.

INDEPENDENCE CONSTITUTION OF 1960

ITS FEATURES
i. Nigeria remained a federation of three regions.
ii. The Queen was still head of state but was represented by a Governor- General. The
Governor-General who represented the Queen was Dr. Nnamdi Azikwe. He was the
first black and indigenous Governor-General of Nigeria.
iii. There was two House in the legislature namely:- the House of representative and
House of senate. This was the first time Nigeria had a Bicameral legislature at the
Centre.
iv. It was a parliamentary system in which the Governor-General appointed as Prime-
minister one whose party commands the majority support in the House of
Representatives. This was the first time Nigeria had her first Prime-Minister in the
person of late Sir Alhaji Abubakar Tafawa Balewa from Bauchi in Northern region of
Nigeria.
v. Where regional laws conflicted with that of the federal the latter prevailed and
rendered the former null and void to the extent of the inconsistency.
vi. The privy council in London was the highest court of appeal in Nigeria.

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vii. The British authorities no longer amended the constitution for the country, but the
procedures for amendment were contained in the constitution itself.

REPUBLICAN CONSTITUTION OF 1963

FEATURES
i. The Queen cased to the head of state of Nigeria.
ii. The Privy Council in London cased to be the highest court in Nigeria but the supreme
court.
iii. The name of Governor- General was changed to president.
iv. The president was empower to appoint judges of the supreme court of Lagos instead
of the judicial services commission.
v. Emergency powers conferred on the federal government were retained.
vi. Fundamental Human rights were guaranteed by the constitution.
vii. The constitution provided for a revenue allocation formulae based on need national
interest and balanced development.

THE 1979 CONSTITUTION FEATURES

i. The 1997 constitution introduced a presidential system of government in the country
as opposed to the former parliamentary system introduced by the 1960 independence
constitutions.
ii. There was a complete separation of powers between the judiciary, legislature and the
executive as opposed to the 1963 Republican Constitution
iii. It was an executive presidential system in which president was both the head of state
and the head of government as opposed to the 1963 Republican Constitution where
the Head of State was different from the head of government.
iv. The constitution provided that all the political parties are to be funded by the
government in order to prevent external interference.

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INTERNATIONAL CONSTITUTION
International constitution's a type of document containing rules and regulations guiding the
relationship of independent countries that have formed an association. It helps to create peace
and security in the world.

Features of International constitution e.g. African Union (AU)

The AU was founded on 8th July 2002 in Durban South Africa and signed by the 53
African Heads of States and government of the member states of the former Organization
of African Unity (OAU).
 Article I gives the definition of terms such as Act, Assembly, Court, and Union.
 Article 2 states the establishment of the AU.

SUPREMACY OF THE CONSTITUTION

Supremacy of the constitution means that the constitution has the highest authority over any
other law of the land. It suggests that the provisions of the constitution have a binding force
on all authorities and persons in the country. It also means that, if any other law is
inconsistent with the provisions of the constitution, the constitution shall prevail and that
other law shall be voided.
It is important that all citizens obey the constitution in order to maintain law and order, enjoy
peace and guarantee the safety of lives and property; experience good governance and
political stability; achieve social and economic progress etc.

RULE OF LAW
The concept of the rule of law is one of the most celebrated in political theory. Put simply,
the rule of law means the supremacy of the law.
The concept is credited to professor A.V. Dicey, a constitutional lawyer. Professor Dicey
ascribed three interpretations to the rule of law, interpretations which have always served as
the tool of analysis for the concept.
The rule of law in the first place means the absolute supremacy of the law and the absence of
arbitrary powers. In this case, it means the law is supreme over and above man and the one
who is vested with the power to exercise it. The rule of law presupposes that all citizens are
aware of what the law is, and that no one can be punished without formal charges preferred
against him. Furthermore, the rule of law abhors imprisonment without trial. In this vein
therefore, an accused is presumed innocent until found guilty.
The second interpretation of the rule of law presumes the equality of all men before the law.
No one is ‘higher’ than the other before the law irrespective of status, sex, race etc. So, the

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rule of law makes no distinction between different classes of people. In short, the law should
be no respecter of persons. Thus, according to Dicey, special courts are a negation of the rule
of law.
Another interpretation of the rule of law is civil liberty; providing for and guaranteeing the
fundamental human rights of the citizens. These include the right to life, freedom of speech,
association, movement, assembly and religion among others.

IMPORTANCE OF RULE OF LAW

 It regulates the activities of wicked leaders
 It protects citizens from arbitrary rule
 It ensures equality of all persons
 The supremacy of the constitution is achieved under rule of law
 The right to appeal is guaranteed under the rule of law
 Unlawful arrest and indiscriminate detentions of persons are minimized under rule of
law
LIMITATIONS TO RULE OF LAW
 Military administration and one party states can bring about suspension of the
constitution and introduce decrees which may limit the attainment of rule of law
 The “immunity clause” which exempts a serving president and all Governors from
any form of prosecution in a court of law as enshrined in the Nigerian Constitution
 Diplomatic immunity gives ambassadors and diplomatic officials power which make
them un-punishable in the host country
 Existence of special tribunals which do not follow ordinary proceedings of court of
law
 People could be detained during emergency without trial
 Law makers are protected from any statement they make during deliberations in the
parliamentary chamber
 Rich and wealthy people often time use their positions to subvert justice
 Psychiatry immunity, juvenile delinquency

FEDERALISM
Professor K.C. Whereas, in his book Modern Constitution as “a system in which the powers
of government are divided between a government for the whole country and governments for
parts of the country in such a way that each government is legally independent within its own
sphere”. To Professor A.V. Dicey, federalism connotes “the distribution of the force of the
state among a number of co-ordinate bodies each originating in and controlled by the

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constitution”. Dicey further points out that federalism is “a political contrivance intended to
reconcile national unity with the maintenance of state rights” in other words, federalism
exists where the powers of government are divided between the central or national
government and the governments of the component units. Under this arrangement, each level
of government is supposed to be co-ordinate and independent of the other.
States operating the federal system of government include the United States of America,
India, Nigeria, Australia, Switzerland and Canada.

(b) Strengths of federal System of Government

 A federal system has several strengths. One of such is that it could help to prevent
tyranny and oppressive rule. This is because of the existence of different levels of
government the central/national government and the component units. Both levels of
government can act as a check on each other. Moreover, the constitution of a federal
state, being supreme, ensures that neither the central government nor any of the
component units goes beyond the power conferred on it by the constitution.
 Secondly, a federal system helps to bring people of different historical, social and
cultural backgrounds together without destroying the identity and separate existence
of the component units of the federation. In other words, a federal constitution
promotes “unity in diversity”. Large countries such as India, the United States of
America and Nigeria are countries with diversities of people and culture. Such
diversities exist in the areas of language, religion and culture. By operating federal
types of constitutions, these countries are able to preserve their identities in a United
entity.
 Thirdly, a federal system helps to promotes even and rapid development of the
component units. In a federation all the resources of the country are usually shared
among the units with the units also allowed to develop at their own pace. This in turn
encourages healthy rivalry among them. Moreover, a federal constitution helps to
bring the government nearer to the people. People can participate in the government
of the component units and truly have a sense of belonging.
 Finally, a federal system helps to reduce or eliminate the fear of ethnic or majority
domination. Under a federal constitution, the minorities can always of the dominant
group is reduced through division into smaller units. Moreover, the rights of minority
groups are often entrenched as clauses in the constitution. In Nigeria, for example,
states like Benue, Rivers and Cross River consist mainly of minority ethnic groups.
However, the creation of states for these minority groups as well as the entrenchment
of fundamental human rights in our federal constitution have helped to reduce the

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possibility of their domination by the major ethnic groups such as the Hausa, Yoruba
and Igbo.
 There is clear cut separation of power among the levels of government. In times of
concurrent, residual and exclusive power of government.

PROBLEMS OF NIGERIA FEDERALISM

The problems usually associated with a federal system of government especially Nigeria in
particular are:
i. The problem of revenue allocation: it is usually a difficult problems on how to
find an acceptable formula for sharing the federally collectable revenue in a
federal state. in Nigeria for instance, the problems is usually whether the principle
of derivation, need, national interest, school enrolment and landmass should be
used as a basis for working out an acceptable revenue allocation formula for the
country. eyen when these principles may be generally accepted as the main basis
for working out the revenue allocation formula, the next problem is usually which
of these principles would take precedence over others as the major criteria for
sharing the federally collectable revenue. this is why in Nigeria, several Revenue
Allocation Commissions were set up in the past, some of which include; Philipson
Commission of 1946. Hicks/Philipson Commission 1951. The Chick Commission
of 1953. The Raisman commission 1958. Binns Commission 1964, Dina Interim
Committee 1968, Aboyede Technical Committee 1977 and the Okigbo
Presidential Commission 1981. inspite of all these commission set up in the past,
Nigeria is yet to find out an acceptable revenue allocation formula for the country.
Infact lack of a generally acceptable revenue allocation formula is one of the
major problems encountered in Nigeria in the operation of the federal system.
ii. The problem of minority issue: in most federal states there are minority group,
which often complain of being dominated in the scheme of things by the majority
group. Nigeria for example, is a multi-nation state which have several
heterogeneous ethnic groups. Some of the ethnic groups like the Hausa/Fulani;
Yoruba and Igbos are thickly populated than other ethnic groups such as Efiks,
Igalas, Ibibios, Ijaws, Tivs etc. these less populated ethnic group who form the
minority group in Nigeria complain of being dominated and swallowed by the
majority ethnic groups. Hence the problem of minority issue in Nigeria.
iii. The problem of creation of some states; in Nigeria for example, there have been
constant agitation for creation of more groups for instance want more states to be

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created out of their present ones, while the minority groups want a separate state
of their own. Thus, the issue of creation of more states is a problem in Nigeria.
iv. The problem of ethnicity or ethnic rivalry and tribalism: in most federal states,
there is often strong and fierce completion among the dominant and minority
ethnic groups for the control of the political power at the centre and in the sharing
of the federal posts and other amenities. In Nigeria for example, there have een a
bitter and fierce struggle among the three dominant ethnic groups over the sharing
of federal posts, amenities and political power. The struggle have led to hatred,
jealousy and bitter feelings now prevalent among the different tribes. This has
made a smooth operation of a federal system of government difficult in Nigeria.
v. The problem or issue of seccession: most federal states are threatened by the
problem of seccession, from the component units. Sometimes, the component
units in a federal states may decide to secede for one reason or the other. In
Nigeria for example as a result of discrimination, rancor, hatred, jealous and
rivalry among the dominant ethnic and minority groups, these have been the
problem of how to keep the country as one. There is o true national unity in
Nigeria since some of the component states see the unity as a mere geographical
expression, which has no basis. The only true unity in Nigeria is unity-in –
diversity, unity among the different tribes. Many of the component states such as
the former eastern region, which comprises Anambra, Enugu, Abia, Akwa-Ibom,
Imo, Cross River, River, etc. sometime advocated for a confederal system which
will enable any of the state to secede if the need arises. This shows that in Nigeria
there is a problem of how to keep the state as one or united in order to prevent
secession.
vi. Boundary dispute: component units having common boundaries are usually in
conflict over boundaries.
vii. Conflicts over matters on the concurrent list: conflicts usually arise between the
central and component units over matters on the concurrent list.
viii. Because of the rigid nature of the constitution, adaptation to changing
circumstances is not easy.
ix. Dual loyalty: the problem of dual loyalty/statism can also create problem in
federal system of government.

FACTORS NECESSITATING FORMATION OF FEDERALISMS

Some countries adopt federal system of government because of the following reasons;-
1. Cultural differences or existence of different ethnic groups:- Countries that have

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problem of ethnicity such as Nigeria, which is as a result of different tribal and
cultural background may decide to adopt a federal system as a solution or panacea to
the problem. This is because under a federal system the different ethnic groups would
have the opportunity to practice their various culture without much hindrance or
interference from other ethnic groups.
2. Economic reasons: State may decide to federate or adopt a federal system in order to
pull all their resources together for better and planned economic development. For
example, rich and poor states may decide to form a federal system for efficient
management and utilization of the available economic resources to provide optimum
services for the citizens.
3. Administrative Efficiency: Countries with large land mass and big population often
adopt a federal system in order to bring the government nearer to the people. It a
unitary system of government is adopted in this circumstance, there will be the
problem of remoteness of the government since the people will be far away from the
central authority and may never feel the impact of its activities. Moreover, if problems
that require urgent attention of the central authority can be attracted and even if it is
eventually attracted. It may no longer be of much help since serious harm may have
been done. Therefore for administrative efficiency a federal system of government
may be adopted in such a country.
4. Fear of Domination or Desire for Local Independence: A country with majority and
minority ethnic groups (e.g. Nigeria) may adopt a federal system of government in
order to allay or remove the fears of the minority group that they will be swallowed
up and oppressed if they stay in one state with the dominant or majority ethnic groups.
The minority groups for fear of domination may desire for local autonomy or
independence by asking for a state of their own where they will be better protected
and hence pressing for adoption of a federal system of government in the country.
5. Historical reason or Desire for a Union: States may decide to form a federation
because they have similar historical experience. For example, in Nigeria the Northern,
Western and Eastern regions decided to remain a federal system of government on
attainment of political independence in 1960 partly because of their common colonial
heritage and experience. The three regions decided to accept a federal system of
government in the independence constitution of Igbo, because of the long friendship
and close ties they have established during the colonial administration. Therefore
there was a desire for a union among the three regions because of their common
historical colonial experience and heritage.
6. Geographical Contiguity: Fore similarities and difference in the geographical

16
divisions and climatic conditions of the different parts of a country, the people and the
states that make up the country may decide to adopt a federal system of government
e.g. Nigeria, U.S.A and U.S.S.R.

RELATIONSHIP AMONG THE THREE TIERS OF GOVERNMENT

The three tiers of government are the federal, state and local government. Under the federal
system, none of the three tiers of government is meant to function in isolation. All 1 iers are
meant to function together in order to achieve the common welfare and security of all
citizens. Some examples below attest to this.
 The federal ministry of health formulates health policies for the whole country and
supervises the activities of federal health institutions. States and local governments
are not only expected to see to the implementation of such federal health policies but
to administer their own secondary and primary health care institutions respectively.
The National Programme on Immunization (NPI) under the National Primary Health
Care Department of the Federal Ministry of Health is an example.
 There is joint co-operation in the area of sports, education, and agriculture among the
three tiers of government.
 In the area of electoral processes, the federal government presides over both states and
local governments especially in the registration of voters.
 There are instances or areas where the federal and state powers sometimes overlap.
 This might lead to confusion and dispute in federal and state relations. In such
situations the judiciary usually steps in or called upon by the aggrieved tier to
arbitrate.
 It should be pointed out that over-centralization of powers and functions in the federal
system have created a situation where the states and the local governments have
become less effective in the performance of their statutory duties.

Comparism Nigerian federal system and other federations

The practice of federalism differs from one country to another due to peculiar needs and
environment. Examples of major federations include the United States of America, Canada,
Australia, Argentina, Switzerland, India, Brazil, Mexico, Venezuela, Nigeria etc.

Areas of similarities
 Federalism in Nigeria, just as in India, is simply the handwork of imperial leaders of
Britain. Neither Nigeria nor India conceived federalism for themselves
 In most federations, force is used to put the country together. This always happen

17
especially when one component unit tries to break away. Example, the defunct
Biafran Republic in Nigeria; attempt by Chechnya to secede from Russia; part of
Ukraine seceded to Russia ’
 Most federations, just like Nigeria, are comprised of multi-ethnic groups
 Similarities between Nigeria and USA include power separation between the three /
tiers of government; American constitution can only be amended by the following
conditions: 60% support from the general public, 2/3 majority support from the
National Assembly, presidential assent or approval before the bill is passed just as in
Nigeria
 No clear definition of functions between the three tiers of governments in Nigeria just
as in the United States of America.

Areas of differences
 In Nigeria, the federal government determines the wage rate for workers, fixes the
prices of some commodities such as petroleum products. Whereas in a well planned
economy such as that of the United States of America, it is the market forces
prevalent in a given locality that determine the wage rate and the -prices of
commodities
 In the United States, individual states have their own police force. This is not the case
in Nigeria where the federal government solely owns and controls the entire police
force including the Nigerian Civil Defense Corps
 In older federations like the United States, Canada and Australia, revenue that is
allocated to states depends largely on the tax generated by the individual states and
local governments. In Nigeria, the reverse is the case
 In Nigeria the federating units are three while in the United States of America, they
are only two.

STRUCTURE OF NIGERIA FEDERALISM

The structure of Nigeria federalism has three tier levels of government which includes, the
federal government, state government and the local government. the federal government is
the first tier, the state government is the second tier, and the local government the third tier.
the three tier levels of government perform independent and coordinate functions. however,
in practice the powers of the federal government tends to supersede the power of the other
tiers of government. Nigeria was a federalism of three regions in 1954, four regions in 1963,
12 states in 1967, 19 states in 1976 and 21 states in 1987 and 30 states in 1999.

18
At the federal level, the head of state/government and commander-in-chief of the
armed forces wields the highest power.
At the state and the local government level, the governor and the chairman wields the highest
power respectively.

CONFEDERAL SYSTEM OF GOVERNMENT

This is a type of government with weak centre or loose federation. In this type of government
the component states have greater power than the central authority. Confederation is an
extreme type of federalism. The central authority has a few services to perform e.g.
telecommunications, currency, foreign affairs and defence. This was the type of government
Ojukwu proposed for Nigeria to Gowon at the Aburi peace accord or conference during the
Nigerian-Biafra civil war.

CHARACTERISTICS OF CONFEDERAL GOVERNMENT

A confederal government has the following features;
(i) The states possess greater power than the central authority (i.e. the central
authority is weak)
(ii) There is right of succession
(iii) The central authority has a few services to perform e.g. telecommunication,
currency, foreign affairs etc.
(iv) There is poor seasonal consciousness and disunity
(v) There is rivalry and conflicts among the component states.
ADVANTAGES OF CONFEDERAL GOVERNMENT
The merits of a confederal system of government are;-
(i) It is good for a country with intractable problems of ethnicity
(ii) It offers the people of the component states the opportunity to develop at their
own rate.
DISADVANTAGES OF CONFEDERAL GOVERNMENT
A confederal government is unpopular because of the following demerits:
(i) The central authority is weak because the confederal states are stronger than the
central authority.
(ii) It does not encourage political unity therefore disintegration is easy.
(iii) It encourages secession
(iv) It does not allow for even development
(v) The individual allegiance is directly to the component state and indirectly to the
confederal authority.

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DIFFERENCES BETWEEN FEDERATION AND A CONFEDERATION
A confederation is a form of political association of independent component states e.g. AU,
the United Nations (UN), European Union (EU), Economic Community of West Africa
States (ECOWAS).
 In a federation, leadership is by election and sometimes through a military coup but in
a confederation leadership is by nomination
 Component units cannot secede/break away in a federation. In a confederation
member states can withdraw their membership
 Component units in a federation depend on the central government for economic
survival but in a confederation component units are economically independent
 The constitution of a federation is written and is non-flexible but in a confederation,
though the constitution is written, it is highly flexible
 In a federation the central government deals directly with the people but in a
confederation the central authority deals with member states only

REVENUE ALLOCATION FORMULA IN NIGERIA

Revenue here means money that the government receives from tax. Since the federal
government has assumed the sole responsibility of exploring and exploiting natural resources
in the entire country it is equally expected to share all the proceeds realized in the form of
tariffs and taxes, such as the value added tax. This has necessitated the need for a revenue
sharing formula for the three tiers of government.

Revenue sharing formula

The revenue sharing formula is the method or set of principles that the Nigerian government
has evolved in order to be able to share revenue among the three tiers of government in the
country. Revenue allocation among the three tiers has been a contentious issue before and
after independence. The main problem has been that of determining a suitable revenue
allocation formula that will be acceptable at the federal, states and local government levels.
This challenge has culminated in the establishment of several Revenue Commissions since
1946.
Revenue allocation connotes the process of apportioning revenue to different lenit of
government. The federal, state and local government although, such principles outlined are
not static but dynamic because of the reality on ground.

20
There have been several Revenue Allocation Committees/Commissions set up by different
governments in the past dating back to pre-independence period.
 The Phillipson Commission of 1946
This Commission recommended the use of derivation and even development. By
derivation they meant each unit of government would receive from the federal purse the same
proportion it has contributed. The. formula was based on the principle of give-and-take.
 Hick’s Commission of 1951
The Hick’s Commission equally gave recommendations that were similar to the Phillipson
Commission. The main thrust of their recommendations was get what you give.
 Raisman Commission of 1957
The Raisman Commission used the principle of derivation, need, balanced development
and maximum responsibility and came up with the following: North 40%, East 31%, West
24% and South Cameroon 5%.
 Bin Commission of 1964
The Bin Commission recommended regional financial comparability and came up the
following formula: North 42%, East 30%, West 20% and Midwest 8%.
 Aboyode Technical Committee of 1977
Aboyode Committee recommended that the national minimum standard for national
integration be based on 22%, equality of access to development opportunities 25%,
absorptive capacity 20%, fiscal efficiency 15% and independent revenue efforts 18%. They
therefore formulated the following: federal 57%, states 30%, local governments 10% and
special fund 3%.
 Okigbo Committee of 1980
This Committee came up with a formula which included population size: 40%,
equality: 40%, social development: 15%, and internal revenue: 5%. The final Okigbo’s
formula was federal: 53%, states: 30% and local governments: 10%. They allocated to
special fund: 7%. This was one formula that could be said to have been widely
accepted at least among others.
 Decree 36 of 1985
Under the regime of General Ibrahim Babangida, the Oil Mineral Producing Areas
Development Commission OMPADEC was created. This was in recognition of the fact that
oil mineral had become the main stay of the national revenue and a product of southern states
in the country. The decree therefore provided for the following: federal: 55%, states: 32%,
local governments: 10%, OMPADEC:' 1.5% and ecological fund: 1%.
 Danjuma Commission of 1988

21
The Danjuma Commission recommended the following: federal: 50%, states: 30%, local
governments: 15%, special funds and mineral producing areas: 7% This Commission was
established under the civilian regime of General Olusegun Obasanjo in response to this
contentious issue. The following formula was the fall out: federal: 48.5%, states: 23%, local
governments: 20%, special fund and Niger Delta Development Corporation (NDDC): 7.5%.

 In 2002 the National Assembly took the matter of revenue allocation to the Supreme
Court. From the resulting ruling, the following formula was adopted: federal: 46.63%,
states: 33%, local governments: 20.33% and others: 0.04
Though the National Assembly has the constitutional powers to prescribe a revenue
formula to be adopted in the country, it appears that whatever formula is used for revenue
allocation, it may never favour all interest groups. To buttress this point, agriculturally
buoyant states only supported the use of derivation formula only when agriculture was the
major revenue resource in the country. With oil contributing over 80% to the current revenue
accruing to the federal government, such agricultural states now prefer the use of such factors
as population size, need, and landmass and so on whereas oil producing states prefer
derivation formula.

Principle of derivation
It is the principle by which substantial rights to a share are given to the states from which
revenue originates or is obtained. The principle was widely and consistently used in the
1950s and 1960s. In the 70s however, only 20 per cent of revenue generated from onshore
mining operations were subjected to this principle.
The advantage and disadvantage of the principle of derivation is noteworthy. On the side
of merit, the use of the principle creates a sense of equity and fair play to those states from
which the bulk of the national revenue is derived. This tends to ensure peace and enlist the
co-operation including tolerance from the territory of the affected communities i.e. where the
revenue generating economic activity is taking place.

The snag with the derivation principle is that, by giving a disproportionate share of
revenue to certain states, inter-regional or inter-state economic inequality is worsened. There
is therefore a need to strike a compromise between the needs of the states and that of the
nation.

FUNDAMENTAL HUMAN RIGHTS

The issue of the natural or fundamental rights of man has occupied the minds and discussions

22
of several renowned philosophers and writers. Such philosophers of the seventeenth and
eighteenth centuries incluse Thomas Hobbes, Jean-Jacques Rosseaus and John Locke.
Fundamental human rights refer to those priviledges and rights guaranteed and enjoyed by
the citizens of a country. These rights are inalienable and basic to human existence, while a
denial of the rights is regarded as a denial of a person’s humanity. According to John Locke,
such rights should never be destroyed by an authority. These rights may be social, political or
economic. In fact, the rights virtually traverse all human spheres. ‘Fundamental human
rights’ have been recognized by the United Nations in its Universal Declaration of Human
Rights which was adopted in 1948. Moreover, most countries with written constitutions have
these rights entrenched in their constitutions.
Social and political rights include the right to life, dignity of the human person, right to
personal liberty, family life, freedom from discrimination, freedom of speech, assembly,
association and movement. We also have the freedom to hold political, ideological and
religious beliefs.
Economic rights include the right to work, the rights of basic education, shelter, food and
basic health services.

Rights are benefits or prerogatives conferred by law upon a person or group of persons to
which they are entitled for being citizens of a country. Rights are also described as freedoms
and benefits that citizens are morally, legally, or officially allowed to do or have.
Rights are however not absolute. The maximum right that an individual can enjoy is .the
power to do everything that does not injure another. In this sense rights are spent freedoms.
Nigerian citizens, just like citizens of many countries in the world today, are entitled to enjoy
many basic rights.

Fundamental rights of Nigerian citizens

The first ten amendments to the constitution of the United States of America are called the
Bill of Rights which was approved in 1791. The Bill of Rights lists the rights that belong to
all American citizens. Today, many democratic nations around the world have bills of rights
that protect the basic freedoms and privileges of their citizens. . .
Chapter IV Section 33 - 44 of the 1999 Constitution of the Federal Republic of Nigeria
enumerates the fundamental rights of Nigerian citizens to include the following:
1. Right to life
2. Right to dignity of the human person
3. Right to personal liberty
4. Right to fair hearing

23
5. Right to private and family life
6. Right to freedom of thought, conscience and religion
7. Right to freedom of expression and the press
8. Right to peaceful assembly and association
9. Right to freedom of movement
10. Right to freedom from discrimination
11. Right to acquire and own immovable property anywhere in Nigeria
12. Right to compulsory acquisition of property by the federal government
Fundamental rights are so called because they cannot be taken away from the individual
citizen i.e. they are inalienable rights. However, there are other rights that are regarded as
privileges which the state may support. These rights may be classified as social, economic
and political:

 Social rights include the right to education at all levels, right.to health services, right
to shelter, right to education
 Economic rights include right to employment; right to infrastructural services; the
right to work and earn a living; the right to pursue legitimate business; and the right to
employ others as sanctioned by law
 Political rights include the right to vote; the right to stand as a candidate for election;
the right to criticize the government; the right to equal eligibility for government
offices; and the right to form a union or a political party

Limitations to rights
Rights, as noted earlier, are not absolute. This means that there are conditions or
limitations that are attached to the exercise of rights by the beneficiary. The maximum right
therefore, that an individual can enjoy is the power to do anything that does not injure
another. In the event that another citizen may be injured or may be negatively affected in the
exercise of rights exercised by others, limitations have become necessary. Limitations
attached to the use of certain rights were noted under discussion on the rule of law.
1. Right to life
Every person has a right to life, and no one shall be deprived intentionally of his life, save
in execution of the sentence of a court in respect of a criminal offence of which he has been
found guilty in Nigeria.
2. Right to dignity of the human person
Every individual is entitled to respect for the dignity of his person, and accordingly no
person shall be subjected to torture or to inhuman or degrading treatment; no one shall be

24
held in slavery or servitude; and no one shall be required to perform forced or compulsory
labour. However, forced or compulsory labour does not include any labour required in
consequence of the sentence or order of a court; any labour required of members of the armed
forces of the Federation or the Nigerian Police Force, armed forces of the Federation in
pursuance of their duties.
3. Right to personal liberty
Every person shall be entitled to his personal liberty and no one shall be deprived of such
liberty save in execution of the sentence or order of a court in respect of a criminal offence of
which he has been found guilty; by reason of his failure to comply with the order of a court or
in order to secure the fulfillment of any obligation imposed upon him by law; in the case of a
person who has not attained the age of eighteen years, for the purpose of his education or
welfare; in the case of a person suffering from infectious or contagious disease, person of
unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care
or treatment or the protection of the community; or for the purpose of preventing the
unlawful entry of any person into Nigeria or of affecting the expulsion, extradition or other
lawful removal from Nigeria of any person or the taking of proceedings relating thereto.
4. Right to freedom of thought, conscience and religion
Every person shall be entitled to freedom of thought, conscience and religion, including
freedom to change his religion or belief, and freedom, either alone or in community with
others, and in public or in private, to manifest and propagate his religion or belief in worship,
teaching, practice and observance. However, no person is entitled to form, take part in the
activity or to be a member of a secret society.
5. Right to freedom of movement
Every citizen is entitled to move freely throughout Nigeria and to reside in any part
thereof, and no citizen shall be expelled from Nigeria or refuse entry thereto or exit
therefrom, save for imposing restrictions on the residence or movement of any person who
has committed or is reasonably suspected to have committed a criminal offence in order to
prevent him from leaving Nigeria. In order to quell a violent crisis, a curfew may become
necessary and as a result, the movement of citizens is restricted in the affected areas. The
purpose usually is to restore law and order in order to reduce the loss of lives and property.
6. Right to freedom of expression
Every person is entitled to freedom of expression, including freedom to hold opinions and
to receive and impart ideas and information without interference. Press freedom may be
limited out of necessity only to curtail the publication of libelous or scandalous articles
against groups or individuals who could breach national interest or security
Significance of rights

25
The implantation of rights of citizens in the constitution is not without benefits. It is for
good reasons that the rights of citizens are not only granted but that they are carefully written
down. The significance of rights therefore cannot be in doubt as they serve the following
purposes:
 Rights of citizens, as enshrined in the constitution, guard against the arbitrary use of
power by government or leaders
 Rights of citizens must be guaranteed and protected in order to win their support and ,
legitimacy. Citizens are made to feel that they are not only important but recognized
 The acknowledgement of the rights of citizens in the constitution can prevent the
National Assembly from passing obnoxious laws which can endanger democracy and
the freedom of citizens
 The recognition of the rights of citizens in the constitution gives the citizens a
constitutional policy-check on the possible excesses of their leaders
 Rights compel government to respect the supremacy of the constitution which of
course guarantees these same rights
Responsibilities and obligations of Nigerian citizens
Responsibilities are everyday jobs or tasks. Obligation, according to the Oxford
Dictionary, is an act or course of action to which a person is morally or legally bound. It
simply means a moral or legal duty to do something. Obligation is the duty expected of every
citizen to discharge towards the upliftment and development of their country. In other words,
obligations may be seen as duties expected of citizens in return for the rights enjoyed from
the state. Therefore, the responsibilities and obligations of a Nigerian citizen should include
the following:
 Obeying all the laws of the land and abide by the constitution, respect its ideals and its
institutions such as the national flag, national anthem, national pledge, and legitimate
authorities
 Helping to enhance the power, prestige and good name of Nigeria, defend the
territorial integrity of the country and render such national service as may be required
such as during emergency including the National Youth Service under the NYSC
scheme.
 Respecting the ‘dignity of other citizens and the rights and legitimate interests of
others and live in unity and harmony and in the spirit of common brotherhood
 Making useful and positive contribution for the advancement, progress and well-being
of the community where he/she resides
 Rendering assistance to appropriate and lawful agencies in the maintenance of law
and order such as supplying relevant information to the police that could enable them

26
track down criminals
 Working consciously in a lawful and chosen occupation and abstaining from any
activity that is detrimental to general welfare
 Declaring one’s income honestly to appropriate and lawful agencies and to pay tax
promptly including utility bills such as water and electricity
 Registering in order to be able to vote and take part in the politics of the land
 Offering oneself for counting and giving accurate information to census officials
 Protecting, maintaining and preserving public property or installations and avoiding
their destruction or vandalization. Such public property includes street lights,
pipelines, electricity cables etc.
Significance of obligations
Just as rights, obligations are important. They are enshrined in tire constitution for citizens
to know and not to feign ignorance. It is through taking up their obligations seriously that
citizens can contribute meaningfully towards the upliftment and progress of the country. If
Nigerians carry out their moral and legal duties to their country or government (and
government too carries out its duties) as enshrined in constitution it result in meaningful
progress. Some of the following achievements, among so many others, could be recorded:
 There will be peaceful co-existence and good understanding not only between citizens
but between government and the citizens
 The above will result in rapid development, economic, political, and social
 When citizens know their obligations and carry out same, unity can be guaranteed as
everyone will be seen to walk towards the same goal in the country
 It will reduce unnecessary blame and pressure on leaders or government as everyone
would be seen to be responsible to the Nigerian state in equal measure
 If citizens know their obligations and take seriously to their moral and legal
responsibilities, the safety of lives and property could be guaranteed
Government’s efforts towards protection of fundamental human rights
That the fundamental human rights of Nigerian citizens are entrenched in the constitution
alone is not sufficient. What is expected is the constitutional observance and protection or
implementation of such fundamental rights in the Nigerian state for the benefits of all citizens
without infractions. This is why an assessment of the Nigerian government’s protection of the
fundamental right of her citizens is important. Government can be said ‘to have fared in the
following ways:

 Government has ensured the existence of law and its supremacy by maintaining the
rights of individuals. Nigerians have always been called upon to seek redress by going

27
to the relevant government agencies whenever their rights have been infringed upon
 There have been cases of fair and impartial judgments which have proved the
independence of the judiciary e.g. Atiku versus the Federal government during the
Obasanjo regime
 Democracy has been guaranteed in a modem political system. Every citizen is free to
discuss politics and also free to join any political party of their choice
 In order to ensure that the rights of citizens are protected, a complete chapter (chapter
IV) on the fundamental rights of citizens is entrenched in the constitution
 In order to ensure that Nigerian citizens enjoy the right to fair-hearing, the Legal Aid
Council was constituted by the federal government
 The Nigerian government has established the Human Right Commission (HRC) in
order to monitor incidences of violations and to provide individual citizens with the
platform where they can register complains of violations against them
The National Human Rights Commission
The Commission was established by the human rights Act of 1995. In 1996, the
Commission was inaugurated. The Commission reports directly to the president and the
national assembly and the following mandate to: monitor and investigate all alleged cases of
human rights violation in Nigeria and to make appropriate recommendations to the federal
government for prosecution and other such, actions, as it may deem expedient; assist victims
of human rights violations and provide appropriate redress and remedies on their behalf;
commission studies on all matters relating to human rights; and among others, assist the
federal government in the formulation of appropriate policies in order to guarantee human
rights.
The commission is supposed to publish regular reports on the state of human rights
protection in Nigeria. The police, prisons and other detention centres are one of the thematic
areas the NHRC concentrates on. They pursue cases concerning police violations of human
rights. However, it is observed that the lack of resources, staff, independence and, power to
prosecute, leaves the NHRC unable to fulfill its potential as an oversight institution.
Nevertheless, and in spite of the preceding so much is left to be desired as far as the
fundamental rights of Nigerian citizens is concern. For instance, due to low level of literacy
many Nigerians are not aware of their fundamental human rights. Some are poorly informed.
Even among the literate class, some are ignorant of their fundamental human rights. It is easy
to see why government, using dubious officials may not only take undue advantage of this
low literacy level and ignorance but connive with unscrupulous organizations or its agencies
to short change and infract on the rights of her citizens. The Nigerian Police Force remains a
good example.

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29
WHAT IS CITIZENSHIP
This is understood to mean the status bestow on the individual who has full membership
rights within the community. It is also an expression of an individual status within the
definite political entity of a state interms of full economic, social and political rights.
Citizens therefore enjoys more rights within the political entity than others who are non
citizens.
MODE OF ACQUIRING CITIZENSHIP
1. By Birth
One can become citizen by birth i.e. blood relationship. This law states that a state can
consider a person as citizen of a nation by virture of the fact that his parents or any of his
ground parents belongs to a community indigenous to the country. This is based on the
assumption that the parents will give the child necessary socialization or orientation that the
child needs to give his total allegiance, solidarity and loyalty to his nation.
Section 25 sub-section 1 of the 1999 constitution stipulates that the following are
citizens of Nigeria by birth:
a) Every person born in Nigeria on or before the date of independence, either of
whose parents or any of whose grandparents belongs or belonged to a community
indigenous to Nigeria
b) Every person born in Nigeria on or after the date of independence either of whose
parents or any whose grand parents is a citizen of Nigeria, and
c) Every person born outside Nigeria either of whose parents is a citizen of Nigeria.

2. Naturalization
Citizenship by naturalization: this is mostly applicable to those who have being to
Nigerian consistently or continuously for 15years and above and decided to obtain
Nigerian citizenship with this, then have become qualified to apply for such.
Subject to the provisions of section 28 of the 1999 constitution, any person who is
qualified in accordance with the provision of this section may apply to the president
for the grant of certificate of naturalization. No person shall be qualified to apply for
the grant of certificate of naturalization, unless he satisfies the president that:
a) He is a person of full age and capacity
b) He is a person of good character
c) He has shown a clear intention of his desire to be domiciled in Nigeria.
d) He is, in the opinion of the Governor of the State where he is or he proposes to be
resident, acceptable to the local community in which he is to live permanently,
and has been assimilated into way of life of Nigerian in that part of the federation.

30
e) He is a person, who has made or is capable of making useful contribution to be
advancement, progress and well-being of Nigeria,
f) He has taken oath of allegiance prescribed in the seventh schedule of this
constitution.
g) He has immediately preceding the data of his application either, and
i) Resided in Nigeria for a continuous period of fifteen years, or,
ii) Resided in Nigeria continuously for a period of twelve months and during the
period of twenty years immediately preceding that period of twelve months has
resided in Nigeria for periods amounting in the aggregate to not less than fifteen
years.
3. Registration
Citizenship by registration: this is usually most application to women who are married
Nigerian e.g. in Nigeria and person of age and capacity born outside Nigeria but
whose ground parents are Nigerians themselves. This is embedded in 1999
constitution of federal republic of Nigeria.
Subject to the provision of section 28 of the 1999 constitution, a person to whom the
provision of this section apply, may be registered as a citizen of Nigeria, if the
president is satisfied that;
a) He is a person of good character;
b) He has shown a clear intention of his desire to be domiciled in Nigeria; and
c) He has taken the oath of allegiance prescribed in the seventh schedule to this
constitution.
The provision of this section shall apply to:
a) Any woman who is or has been married to a citizen of Nigeria; or
b) Every person of full age and capacity born outside Nigeria any of whose grand
parents is a citizen of Nigeria.

DIFFERENCES BETWEEN CITIZEN AND NON-CITIZENS

 Citizen has both political and legal right in a country while non-citizen doesn’t have
such rights.
 Citizen sees his country has a permanent area of resident while non-citizen sees the
country as temporary area of resident.
 A Citizen can travel to his country without any document while non-citizen must
possess travelling documents like visas, international passports etc.
 Citizens can never be repatriated no matter the offence being committed while non-
citizen can be repatriated.

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WITHDRAWER OF NIGERIAN CITIZEN
1. A Nigeria can loss citizenship if he holds a citizenship of another country
2. A naturalized citizen could loss his citizenship if within 7years of his obtaining a
citizenship he gets convicted with a jail not less than 3 to 4years.
3. A citizen could loss his citizenship if his actions have become detrimental through
federal republic of Nigeria such as diverse or look out an official secret most
especially during war.

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OBJECTIVE III: CONSTITUTIONAL RIGHTS AND OBLIGATIONS OF
NIGERIAN CITIZENS
HIGHLIGHTS
 Meaning of fundamental rights
 Fundamental rights of Nigerian citizens
 Limitations to rights
 Significance of rights
 Responsibilities and obligations of Nigerian citizens
 Significance of obligations
 Government’s protection of fundamental rights in Nigeria

INTRODUCTION
Chapter II of the 1999 Constitution of the Federal Republic contains the fundamental
objectives and directive principles of state policy in Nigeria.
 Fundamental objectives mean the obligation of government or the ultimate objectives
of Nigeria as a nation.
 Directive principles mean the path which leads to those objectives.
In other words, the fundamental objectives are the ideals toward which Nigeria as a nation
strives to attain while the directive principles are the ways and means which must be
followed.
 A policy is a programme of action.
According to Jenkins (1997) a policy is a set of inter-related decisions by a political actor
or a group of actors concerning the selection of goals and the means of achieving them within
the powers of those actors to achieve.” Someone has also defined a policy as “whatever
government chooses to do or not to do.”

General provisions of the fundamental objectives and directive principles of state policy
It shall be the duty and responsibility of all organs of government and of all authorities and
persons, exercising legislative, executive or judicial powers, to conform to, observe and apply
the provisions of the Constitution. The Federal Republic of Nigeria shall be a State based on
the principles of democracy and social justice. It is hereby, accordingly, declared that:
 Sovereignty belongs to the people of Nigeria from whom government through the
constitution derives its powers and authority
 The security and welfare of the people shall be the primary purpose of government;
and
 The participation by the people in their government shall be ensured

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It is further declared that:
 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, equal opportunity and the need to promote national unity, and
also to command national loyalty, thereby ensuring that there shall be no
discrimination against any person or predominance of persons from a few states or
from a few ethnic or other sectional groups in that Government or in any of its
agencies.
 The composition of the Government of a State, a local government council, or any of
the agencies of such Government or council, and the conduct of the affairs of the
Government or council or such agencies shall be carried out in such a manner as to
recognize the diversity of the people within its area of authority and the need to
promote a sense of belonging and loyalty among all the peoples of the Federation.
 The President and the Governors are duty-bound to consult with the people before
implementing any national policy.
Government is the machinery through which the State discharges its duties to the people.
In doing this it is expected that people in authority should apply the principle of federal
character and avoid tribalism and parochialism in running the affairs of government.
Therefore the fundamental obligations of government to the people as provided for in the
constitution include:
 Protect the territorial territory of Nigeria
 Protect the Nigerian citizen both at home and abroad
 Maintain law and order and defend the country against external attack
 Guarantee the fundamental human rights of the citizens

a) Political objectives
The motto of the Federal Republic of Nigeria shall be Unity and Faith, Peace and
Progress. 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
 Encourage inter-marriage among persons from different places of origin, or of
different religious, ethnic or linguistic association or ties
 Promote or encourage the formation of associations that cut across ethnic, linguistic,
religious or other sectional barriers
 The state shall foster a feeling of belonging and of involvement among the various
peoples of the Federation, to the end that loyalty to the nation shall override sectional

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loyalties
 The state shall abolish all corrupt practices and abuse of power

b) Economic objectives
The state shall:
 Harness the resources of the nation and promote national prosperity and efficient, a
dynamic and self-reliant economy
 Control the national economy in such a manner as to secure the maximum welfare,
freedom and happiness of every citizen on the basis of social justice , 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, protect the right of every citizen to engage in
any economic activities outside the major sectors of the economy
 Direct its policy towards ensuring the promotion of planned and balanced economic
development; that the material resources of the nation are harnessed and distributed as
best as possible to serve the common good
 Ensure 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
individuals or of a group
 Ensure suitable and adequate shelter, suitable and adequate food, reasonable national
minimum living wages, old age care and pensions, and unemployment, sick benefits
and welfare of the disabled are provided for all citizens

c) Social objectives
The state social order is founded on ideals of freedom, Equity and Justice. In furtherance
of the social order:
 Every citizen shall have equity 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
 Government 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, impartiality and integrity of courts of law, and easy accessibility
thereto shall be secured and maintained
The State shall direct its policy towards ensuring that:
 All citizens, without discrimination on any group whatsoever, have the opportunity

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for securing adequate means of livelihood as well as adequate opportunity to secure
suitable employment
 Conditions of work are just and humane, and that there are adequate facilities for
leisure and for social, religious and cultural life
 The health, safety and welfare of all persons in employment are safeguarded and not
endangered or abused
 There are adequate medical and health facilities for all persons
 There is equal pay for equal work without discrimination on account of gender or on
any other ground whatsoever
 Children, young persons and aged and the disabled are protected against any
exploitation, mortal and material neglect
 Provision is made for public assistance in deserving cases or other conditions of need;
and
 The evolution and promotion of family life is encouraged

d) Educational objectives
Government shall:
 Direct its policy towards ensuring that there are equal and adequate educational
opportunities at all levels
 Promote science and technology
 Strive to eradicate illiteracy
Government shall ensure the provision of:
 Free, compulsory and universal primary education
 Free secondary education
 Free university education; and
 Free adult literacy programme.

Government shall make education the pivot of the nation’s social development,
mobilization and ethical re-orientation of the citizens.
The reviewed policy spells out the philosophy of Nigeria’s education and presents the
goals, purposes and orientation of various levels and aspects of the education system. One of
tire sections includes technical education. This is an aspect of education which leads to the
acquisition of practical and applied skills as well as basic scientific knowledge. There are five
(5) types and levels of technical education institutions: pre-vocational, vocational schools,
technical colleges, polytechnics/monotechnics, and colleges of technical teachers’ education.
The aim of technical education is to provide trained man power in applied science,

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technology and vocational skills necessary for industrial and economic development.
e) Foreign policy objectives
The foreign policy objective shall be:
 Promotion and protection of the national interest
 Promotion of African integration and support for African unity
 Promotion of international cooperation for the consolidation of universal peace and
mutual respect among all nations and elimination of discrimination in all its
manifestation
 Respect for international law and treaty obligations as well as the seeking of
settlement of international disputes by negotiation, mediation, conciliation, arbitration
and adjudication; and
 Promotion of a just world economic order
f) Environmental objectives
 The State shall protect and improve the environment and safeguard the water, air and
land, forest and wildlife of Nigeria. These objectives are considered in chapter eleven
under efforts of the Nigerian government to entrench environmental protection in the
country
g) Directives on Nigerian culture
The state shall:
 Protect, preserve and promote the Nigerian cultures which enhance human dignity and
are consistent with the fundamental objectives; and
 Encourage the development of technological and scientific studies which enhance
cultural values
h) Obligation of the mass media
 The press, radio, television and other agencies of the mass media shall at all times
be free to uphold the fundamental objectives and directive principles of state
policy in Nigeria and uphold the responsibility and accountability of the
Government to the people
i) National ethics
 The national ethics shall be Discipline, Integrity, Dignity of labour, Social
Justice, Religious Tolerance, Self-reliance and Patriotism

Duties of Nigerian citizens

Fundamental objectives have been noted to mean the ultimate objectives of Nigeria as a
nation whereas directive principles mean the path which leads to those objectives. It has been

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emphasized that if Nigeria is to achieve her fundamental objectives as a nation her citizens
must also play their expected roles.
The constitutional duties of Nigerian citizens, as outlined under the fundamental objectives
and directive principles, are similar to the stated obligations of Nigerian citizens but for the
sake of emphasis it is stated that it shall be the duty of every Nigerian citizen to:
 Abide by the Constitution; respect its ideals and its institutions, the National Flag, the
National anthem, the National pledge and legitimate authorities
 Help to enhance the power, prestige and good name of Nigeria, defend Nigeria, and
render such national service as may be required at any given time
 Respect the dignity of other citizens and the rights and legitimate interests of others
and live in unity and harmony and in the spirit of common brotherhood
 Make positive and useful contribution to the advancement, progress and well-being of
the community, where he resides
 Render assistance to appropriate and lawful agencies in the maintenance of law and
order; and
 Declare his income honestly to appropriate and lawful agencies and pay his tax
promptly.

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