The Nigerian Constitution.

In its very opening section, the 1999 Constitution makes the continuity of constitutional government the basis of the system of government in Nigeria.

The Resolution passed by each House of the National Assembly on February 09, 2010 that the Vice-President should act as President was constitutional. It was passed more than two months after President Umar Musa Yar’Adua had left the country for, or been taken to, Saudi Arabia on health grounds.

The constitutional crisis which has rocked the nation for over two months now arose because President Yar’Adua went, or was taken, to Saudi Arabia on November 23, 2009 on health grounds without sending to the National Assembly, as envisaged in section 145 of the Constitution, a declaration concerning his impending absence from office.

The Federal Executive Council on March 11, 2009, came out with its position on the recommendations of the Electoral Reform Committee headed by retired Chief Justice Muhammed Uwais. The Council accepted some of those recommendations while rejecting others (The Punch, March 12, 2009).

In this Part 5 of the series on Improving the Drafting of the Constitution, we are examining on additional provisions of the Constitution.

In this fourth Part of the series on Improving the Drafting of the Constitution, I examine and make comments on more provisions of the Constitution.

The current (1999) Constitution of Nigeria contains many errors in its drafting. These should be avoided in the proposed amended Constitution. Following the pattern in the first part of this Article, the author examines and suggests improvements to more provisions of the Constitution.

A constitution may be examined as to its provisions regarding the rights and obligations of the citizens and the structures, procedures, powers and functions of government in the country. That the drafting of a constitution is crucial for its successful operation is hardly worth mentioning. The current (1999) Constitution of Nigeria contains many errors in its drafting. These should be avoided in the proposed amended Constitution.

Nigerians have now had nearly nine years of government under the current Constitution. Many of its shortcomings were noticed as it came into force on the 29th of May 1999. Later, while in operation, a number of other deficiencies have come into view. At the inception of the Constitution, it was assumed that any controversies arising during its operation would be resolved through the judicial process.

The Nigerian Constitution

Election Petitions and the Courts

Amendment of the NIgerian Constitution

The Need for a National Conference by Hon Justice O Oluwadare Aguda Akure, Nigeria, 5 December 2007