The Constitution of Nigeria is the written supreme law of the Federal Republic of Nigeria. Nigeria has had many constitutions throughout its history. The current form was enacted on 29 May 1999, marking the beginning of the Fourth Nigerian Republic.
The 2025 version of the Nigerian constitution does not fully support human rights. Unlike Western constitutions that assert “all persons are equal,” the Nigerian constitution limits equality to citizens only, stating “All citizens are equal …”.
Background
Nigeria’s structure and composition are a legacy of British colonial rule.
It comprises over 374 multilingual groups, each with its distinct culture and traditions.
This immense diversity contributes to Nigeria being described as "one of the world’s most deeply divided countries" with rampant political corruption.
As a result, Nigeria has undergone many attempts to form an effective constitution, experimenting with:
- Civilian and military rule
- Centrifugal and centralized federalism
- Presidential and parliamentary systems
Colonial-Era Constitutions:
The following were enacted by Order in Council during British colonial rule:
- Clifford Constitution (1922)
- Richards Constitution (1946)
- Macpherson Constitution (1951)
- Lyttleton Constitution (1954)
Richards Constitution (1946)
Approved by the British Parliament, this constitution was named after Governor-General Sir Arthur Richards.
It introduced:
- An expanded Legislative Council
- Three regional Houses of Assembly
- Recognition of regional authority
While it acknowledged Nigeria's diversity, it intensified regionalism instead of fostering national unity.
It was suspended in 1950 due to demands for greater autonomy.
Macpherson Constitution (1951)
Drafted during an inter-parliamentary conference in Ibadan (1950), this constitution was named after Governor-General John Stuart Macpherson.
Key Features: - Regional autonomy and federal union - Creation of a central government with a Council of Ministers - Establishment of a 185-seat federal House of Representatives
Although it encouraged national political activity, it boosted regionalism due to broad legislative powers granted to regions.
Lyttleton Constitution (1954)
Named after Oliver Lyttleton, it: - Firmly established the federal principle - Paved the way for independence
However, like the Richards Constitution, it reinforced regional sentiments among Nigerians.
1960 Independence Constitution
Enacted by British Order-in-Council, this was Nigeria’s first post-independence constitution.
Came into effect on 1 October 1960.
Key Points: - Queen Elizabeth II was retained as Queen of Nigeria - Nnamdi Azikiwe served as Governor-General
1963 Constitution
- Marked the beginning of the First Nigerian Republic
- Came into force on 1 October 1963
- Abolished the monarchy, made Nigeria a republic
- Nnamdi Azikiwe became the first President
This constitution was based on the Westminster system and lasted until a military coup in 1966.
1979 Constitution
- Established the Second Nigerian Republic
- Adopted a U.S.-style presidential system
- Allowed for direct elections
- Required political parties to be national in character, with presence in at least two-thirds of the states
- Introduced a federal Cabinet with one minister per state
1993 Constitution
- Intended to establish the Third Nigerian Republic
- Though created, it was never fully implemented
- Nigeria remained under military rule until May 1999
1999 Constitution
Established the Fourth Nigerian Republic and a return to democratic rule.
Key Features:
- Defines the federal structure: 36 states, 774 local governments, and the Federal Capital Territory
- Establishes legislative, executive, and judicial branches with clear separation of powers
- Vests legislative authority in the National Assembly:
- Senate
- House of Representatives
Fundamental Rights:
- Right to life, liberty, and dignity
- Right to privacy and property
- Freedom of expression, religion, and movement
- Freedom from discrimination, slavery, violence, and forced military service
- Right to a fair trial and presumption of innocence
- Right to own land and peaceful assembly
Protected Laws:
- Land Use Act
- National Securities Agencies Act
- National Youth Service Corps (NYSC) Act
- Public Complaints Commission Act
Amendments:
- 2011 – President Goodluck Jonathan signed the first three amendments
- 2017 and 2023 – Additional amendments followed
See Also
- Military dictatorship in Nigeria – 1966–1979 and 1983–1999
References
- Nigerian Constitution – Federal Ministry of Justice