The Constitution and Constitutional Supremacy in Nigeria
The Constitution is the foundation of the Nigerian legal system and the ultimate source of legal authority in the state. Constitutional supremacy means that the Constitution occupies the highest position in the hierarchy of laws and that every institution, law, and exercise of public power must conform to it.
This principle is central to Nigerian public law and explains why constitutional interpretation lies at the heart of legal practice and adjudication.
Meaning of Constitutional Supremacy
The Constitution of the Federal Republic of Nigeria 1999 (as amended) establishes the framework of government. It creates the executive, legislature, and judiciary at both federal and state levels. It defines citizenship, allocates legislative powers, regulates public finance, provides for elections, and guarantees fundamental rights.
The Constitution is therefore not merely a political document. It is the legal architecture of the Nigerian state.
Effect of Constitutional Supremacy
The practical effect of constitutional supremacy is that any law inconsistent with the Constitution is void to the extent of the inconsistency. This applies to Acts of the National Assembly, Laws of State Houses of Assembly, subsidiary legislation, executive actions, and even customary norms.
Courts are empowered to examine whether a law or governmental act falls within constitutional limits. Where it does not, the court may declare it invalid. This is the essence of judicial review in a constitutional democracy.
Constitutional Supremacy and Federalism
Constitutional supremacy is closely connected to federalism. The Constitution distributes legislative powers between the Federation and the States. A law may be challenged not only because it violates a right, but because the body that enacted it lacked constitutional competence.
A statute may therefore be substantively reasonable and yet invalid if enacted by the wrong legislative body. This makes constitutional structure as important as constitutional rights.
Fundamental Rights Under the Constitution
One of the most visible expressions of constitutional supremacy is the protection of fundamental rights. Chapter IV of the Constitution guarantees rights such as the right to life, dignity of the human person, personal liberty, fair hearing, private and family life, freedom of thought, expression, assembly, movement, and freedom from discrimination.
These rights are enforceable in court and serve as limits on governmental power. They also shape statutory interpretation, administrative action, and procedural fairness.
Jurisdiction and Constitutional Control
The Constitution also determines the jurisdiction of courts. Jurisdiction is not assumed; it must be conferred by the Constitution or by valid legislation made pursuant to it. This is why constitutional litigation often turns on threshold issues such as standing, competence, and justiciability.
In All Progressives Congress (APC) v. Enugu State Independent Electoral Commission, Suit No. SC/CV/796/2020, the Supreme Court emphasized the importance of jurisdiction in constitutional disputes. In Peoples Democratic Party v. Chief Nduka Edede & Attorney-General of the Federation, Suit No. CA/OW/87/2022, the Court of Appeal highlighted the significance of locus standi and legal interest in constitutional challenges.
Constitutional Supremacy and the Rule of Law
Constitutional supremacy preserves the rule of law by ensuring that public power is exercised according to law rather than discretion alone. It subjects the executive and legislature to legal control and provides a framework within which rights may be asserted and governmental excesses challenged.
Without constitutional supremacy, legality would depend on political convenience rather than legal principle.
Conclusion
The Constitution is not simply one legal source among others. It is the controlling norm that gives coherence to the entire legal system. It authorizes legislation, structures institutions, empowers courts, protects rights, and invalidates inconsistent norms. Any serious account of Nigerian law must begin with this principle because it explains how legal authority is created, limited, and enforced throughout the system.