IMPEDIMENTS TO THE EFFECTIVE PROMOTION OF CONSTITUTIONALISM IN NIGERIA: AN APPRAISAL

Abstract

The concept of constitutionalism today can be said to encompass the idea that a government should not only be sufficiently limited in a way that protects its citizens from arbitrary rule, but also that such a government should be able to operate efficiently, and effectively compelled to govern within its constitutional limitations. Nigeria is a creation of the Constitution, which grew into an internationally recognized independent nation in 1960 after a period of colonialism under the British government, which spanned about a century beginning with the formal annexation of Lagos in 1861. Starting from the first post-independence effort in 1960, Nigeria has had a long history of constitution making process. After nearly three decades of cumulative military rule, it returned to civilian government in 1999 under a presidential system of government. Regrettably, the basis for the promotion of constitutionalism in Nigeria is founded on the 1999 Constitution, which was conceived by a military regime and is fairly unrepresentative of popular participation. This article examined at what point it could be said that Nigeria had practiced constitutionalism and also analyzed various core elements of constitutionalism and found out that Nigeria’s constitutionalism is an evolving one with several factors militating against its full entrenchment. Some recommendations that will uplift the promotion of constitutionalism in Nigeria were made, at the same time, comparative benefits and lessons Nigeria can learn from other jurisdictions.