IS THE CONSTITUTIONAL COURT SYSTEM DESIRABLE FOR NIGERIA? GLIMPSES OF THE AMERICAN AND EUROPEAN MODELS

Abstract

The constitutional court system, a centralized system of constitutional adjudication was proposed in the 1995 Draft Constitution of Nigeria contrary to what has been its practice of decentralized system of constitutional justice. Even though this proposal was not adopted in the 1999 Constitution which eventually came into force, there continued to be calls for its establishment in Nigeria. The challenge however is whether, despite its success in other jurisdictions, it is suitable for the Nigerian legal system. This paper endeavours to answer this question by looking at the two main systems of constitutional review in the world commencing with a brief historical evolution of constitutional justice. It discusses the nature of the current Nigerian practice, the Nigerian proposal, the suitability of a distinct constitutional court for the Country and its practicality. It argues against the establishment of a constitutional court system being unnecessary and impracticable for the Country.