CONSTITUTIONALISM IN THE NIGERIAN DEMOCRATIC SETTING

Abstract

Constitutionalism depicts the fact that government must at all times respect the fundamental rights and the libertyof the people as given by God and the constitution. Government itself is a product of the people but not sovereignneither do government derived power through divine inclination. The need to restrain the executive, legislativeand judicial arms of government in their day to day activities cannot in any way be over-emphasized in order toprevent government and its functionaries from tyranny, arbitrariness and abuse of power which could lead to abreakdown of law and order. This article is anchored on doctrinal research methodology and concludes that someof the factors militating against constitutionalism in Nigeria and other parts of Africa among other things include:disobedience to court orders and rule of law, impunity, corruption and nepotism, etc. It also recommended thatthe procedure for the amendment of the constitution should be made less complex; there should be theestablishment of constitutional court; law enforcement agents who abuse peoples’ rights should be held personallyliable; removal of immunity clause from the Nigerian Constitution among others.