Nigerian Constitution and Federalism

Nigerian Constitution and Federalism

🟢 Lite — Quick Review (1h–1d)

Rapid summary for last-minute revision before your exam.

The Nigerian Constitution is the supreme legal document governing the country, currently the 1999 Constitution of the Federal Republic of Nigeria. It defines the powers of the three tiers of government and guarantees fundamental rights. Federalism is the constitutional division of powers between the Federal Government, State Governments, and Local Government Areas, designed to manage Nigeria’s ethnic, religious, and cultural diversity.

Three legislative lists control power-sharing: the Exclusive List (federal only, e.g., defence, currency, foreign affairs, immigration), the Concurrent List (shared, e.g., education, health, electricity), and the Residual List (states only, e.g., chieftaincy). Revenue is shared through the Federation Account using a formula set by the Revenue Mobilisation Allocation and Fiscal Commission (RMAFC). High-yield points for NCEE Civic Education: know the 1999 Constitution features, identify which list a power belongs to, and explain why Nigeria adopted federalism in 1954.

---

🟡 Standard — Regular Study (2d–2mo)

Standard content for students with a few days to months.

Historical Sources of the Constitution

The 1999 Constitution evolved from earlier constitutional documents: the 1914 Amalgamation (united Northern and Southern protectorates), Clifford Constitution (1922), Richards Constitution (1946), Macpherson Constitution (1951), Littleton Constitution (1954) — which introduced federalism — the Independence Constitution (1960), Republican Constitution (1963), and the 1979 Constitution.

Features of the Nigerian Constitution

• Written and rigid: amendment requires a two-thirds majority of the National Assembly and approval by two-thirds of the State Houses of Assembly.
• Federal in structure but with strong unitary features, including the power of the Federal Government to override state decisions during emergencies.
• Presidential system: executive president elected directly for a four-year term.
• Supremacy clause: Section 1(1) declares the Constitution supreme; any law inconsistent with it is void.

Features of Federalism

1. Division of powers among tiers of government
2. Written constitution as the supreme authority
3. Independent judiciary to settle disputes
4. Bicameral legislature at the federal level (Senate and House of Representatives)
5. Revenue allocation through the Federation Account
6. Each tier has autonomy within its constitutional limits

Legislative Lists — Powers Sharing

List	Who Makes Laws	Examples
Exclusive	Federal only	Defence, foreign affairs, currency, immigration, customs, mining
Concurrent	Federal and State	Education, health, electricity, agriculture, fisheries
Residual	State only	Chieftaincy, customary law, local markets

When both tiers legislate on a Concurrent matter, federal law prevails (Section 4(5)).

Reasons for Adopting Federalism

Nigeria adopted federalism due to ethnic diversity (over 250 ethnic groups), religious plurality, large geographical size, avoidance of disintegration, balanced regional development, and minority protection.

---

🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

Revenue Allocation Mechanism

The Federation Account pools federally collected revenue (taxes, royalties, customs). The RMAFC periodically reviews the vertical formula (federal vs. states vs. local) and horizontal formula (among the 36 states). A common allocation benchmark in recent years is roughly Federal 52.68%, States 26.72%, Local Government 20.60%, though figures are periodically revised. States also receive 13% derivation revenue for mineral-producing areas to address the resource-control debate.

Common Mistakes and Traps

• Confusing federalism with decentralisation: federalism is constitutional and legally entrenched; decentralisation can be by policy.
• Placing education on the Exclusive List — it is on the Concurrent List, meaning both federal and state governments can legislate on it.
• Saying local governments are on the Concurrent List — they are administrative creations of state governments under the 1999 Constitution.
• Assuming Nigeria is a “true” federation like the USA — Nigeria’s federalism is described as quasi-federal or having strong unitary tendencies due to federal dominance in revenue and emergency powers.

Adjacent Topics to Link

• Rule of Law: ensures every organ of government acts within constitutional limits.
• Separation of Powers: executive, legislature, and judiciary act independently with checks and balances.
• Fundamental Rights (Chapter IV, Sections 33–46): right to life, dignity, fair hearing, movement, association, and freedom from discrimination.

Worked Example

A state government bans the export of solid minerals. Is this constitutional? No, because minerals are on the Exclusive List (Item 39, Second Schedule), reserved for the Federal Government. Only the Federal Government can legislate on mining. The state action would be declared void under the supremacy clause.

Practice Prompts

1. List six features of the Nigerian Constitution and explain how any two affect citizens’ daily lives.
2. State three powers each on the Exclusive, Concurrent, and Residual Lists, and explain why the Constitution places defence exclusively on the federal list.

---

Content adapted based on your selected roadmap duration. Switch tiers using the selector above.