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| Constitution of the Federal Republic of Nigeria | |
|---|---|
 | |
| Overview | |
| Jurisdiction |  Nigeria |
| Ratified | 1999; 26 years ago (1999) |
| Date effective | 1999; 26 years ago (1999) |
| System | FederalPresidentialConstitutional Republic |
| Government structure | |
| Branches | 3 |
| Chambers | Senate andHouse of Representatives |
| Executive | President |
| Judiciary | Supreme Court |
| Federalism | Federal Republic of Nigeria |
| History | |
| Amendments | 2 |
| Last amended | January 2011 |
| Supersedes | 1993 Constitution of Nigeria |
| Full text | |
 Constitution of Nigeria atWikisource | |
Theconstitution of Nigeria is the writtensupreme law of theFederal Republic of Nigeria.[1][2] Nigeria has had many constitutions. Its current form was enacted on 29 May 1999 and kickstarted theFourth Nigerian Republic.[3] The constitution of Nigeria in the 2025 version does not fully support human rights. Contrary to normal western constitutions, who state "all persons are equal", the Nigerian constitution restricts this to citizens only, stating "All citizens are equal ...".[1]
Nigeria's structure and composition are a legacy ofBritish colonial rule.[4] It has over 374multilingual groups with different cultures and traditions.[5] This diversity contributes to Nigeria being "one of the world's most deeply divided countries" with rampant political corruption.[6][7] As a result, Nigeria has undergone many attempts to form an effective constitution. These efforts includecivilian andmilitary rule, centrifugal and centralizedfederalism, presidential andparliamentary systems, and other political institutions.[7]
AnOrder in Council enacted Nigeria's first constitutions during thecolonial era when the country was administered as aCrown Colony. These constitutions include the Clifford Constitution of 1922, the Richards Constitution of 1946, the Macpherson Constitution of 1951, and the Lyttleton Constitution of 1954.[8][6][9]
Westminster approved a new constitution for Nigeria in 1946.[10] It was called the Richards Constitution after Governor-GeneralSir Arthur Richards, who was responsible for its formulation. Although it left effective power in the hands of theGovernor-General and his appointedExecutive Council, it also established an expanded Legislative Council empowered to deliberate on matters affecting the country. It also created three regionalHouses of Assembly to consider local questions and advise the lieutenant governors.
The Richards Constitution recognized the country's diversity by introducing the federal principle with its regional authority. Although realistic in its assessment of the situation in Nigeria, the Richards Constitution intensified regionalism instead of encouragingpolitical unification. It was suspended in 1950 against a call for greater autonomy.
An inter-parliamentary conference atIbadan in 1950 drafted a new constitution. It was dubbed the Macpherson Constitution after the incumbent Governor-GeneralJohn Stuart Macpherson. It went into effect the following year.[11]
The MacPherson Constitution provided for regional autonomy and federal union, creating a central government with a Council of Ministers. This encouraged political participation and party activity at the national level. However, the regional governments had broad legislative powers that could not be overridden by the newly established 185-seat federal House of Representatives. As a result, the Macpherson Constitution significantly boosted regionalism.[12]
The next revision of the constitution was called the Lyttleton Constitution, named afterOliver Lyttleton. This was drawn up after two constitutional conferences:[13]
This was attended by six delegates each from the three regions of Nigeria, plus one from theCameroons
In 1954 theFederation of Nigeria was established on the principle offederalism. This paved the way for Nigeria's independence from Great Britain. Lyttleton constitution promoted regional sentiments among Nigerians as had previously been done by the Richard constitution.
A British Order-in-Council enacted Nigeria's first constitution as a sovereign state.[14] It came into force upon the country's independence on 1 October 1960. Under this constitution, Nigeria retainedQueen Elizabeth II as titular head of state,Queen of Nigeria.Nnamdi Azikiwe represented the queen as Governor-General.[15]
Independent Nigeria's second constitution abolished the monarchy and established theFirst Nigerian Republic.[16] It came into force on 1 October 1963, the third anniversary of Nigeria's independence.Nnamdi Azikiwe became the firstPresident of Nigeria. The 1963 constitution was based on theWestminster system. It was used until amilitary coup in 1966 that overthrew Nigeria's democratic institutions.[17]
The 1979 constitution established theSecond Nigerian Republic. It abandoned the Westminster system in favour of aUnited States-stylepresidential system with direct elections.[18] To avoid the pitfalls of the First Nigerian Republic, the 1979 constitution mandated political parties which were required to register in at least two-thirds of the states.[17] In addition, it established aCabinet of Nigeria, with each state having at least one member.[17] This gave a "federal character" to the nation.[17]
The 1993 constitution established theThird Nigerian Republic. This constitution was supposed to return democratic rule to Nigeria but it was never fully implemented. The military controlled the country until May 1999 when it handed over power to an elected president.[19][20]
The 1999 constitution created theFourth Nigerian Republic, afederation with democratic rule.[21][22] It defines the national capital, 36 states and their capitals, and 774local government areas within Nigeria.[23][24][25][26] It establishes the legislative, executive, and judicial branches of government and details their duties and the separation of powers between the branches and federal and state governments.[27][2] Nigeria's legislative powers are vested in a National Assembly with two chambers: aSenate and aHouse of Representatives.[28] The constitution gives the National Assembly the power to make laws for "peace, order and good government of the Federation".
The constitution outlines the individual's fundamental rights, including life, liberty, dignity, privacy, freedom of expression, religious freedom, and security from slavery, violence, discrimination, and forced service in the military. It also defines a person's right to a timely and fair trial if arrested and thepresumption of innocence. Nigerians also have the right to own "immovable property anywhere in Nigeria", aright of assembly, andfreedom of movement.[2][1]
The constitution also protects four laws: the Land Use Act, the National Securities Agencies Act, theNational Youth Service legislation, and thePublic Complaints Commission Act.[2] In January 2011,President Goodluck Jonathan signed three amendments to the constitution, the first modifications since it came into use in 1999. In 2017 and 2023, further amendments were made.[29]
