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The Dawn of Constitutionalism in Nigeria

Constitutionalism in Nigeria has been crisis-ridden since independence in 1960. These crises flow from issues such as fiscal federalism, corruption, credible elections, tribal politics, ethno-religious conflicts, and disdain for the rule of law. At the heart of these crises are weak democratic institutions, which are sustained by bad leadership and a culture of impunity. After nearly three decades of cumulative military rule, the country returned to civilian governance in 1999 under a presidential system of government. Regrettably, this system is founded on a militarily-conceived constitution lacking a fully enforceable bill of rights and clear governmental functions. Since a strong bond links the process through which constitutions are produced and their degree of acceptance and effectiveness, questions over the Constitution’s legitimacy prompted parliament to amend it in 2010. In examining post-independence constitution-making in Nigeria, this chapter finds that military rule blighted Nigeria’s capacity to respond appropriately to the challenges of federalism. It argues that although deficient in popular sovereignty, the Constitution’s legitimacy is moot since it is the operative law that governs the country. It submits that the problem with constitutionalism in Nigeria is poor leadership and poor implementation of the Constitution. It advocates good governance and a participatory approach to constitutional review as the foundations for strong constitutionalism in Nigeria.