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Meaning of section 1 (1) of 1999 constitution
The meaning of section 1 of 1999 constitution is the based on supremacy of law
Section 1 (1) of 1999 constitution says:
Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
It means
1. The Constitution is the highest law of the land in Nigeria.
2. Its provisions are binding on all authorities, institutions, and individuals within the country.
3. The Constitution takes precedence over all other laws, regulations, and policies.
4. All authorities, including the Executive, Legislative, and Judicial branches, must comply with the Constitution.
5. Any law, regulation, or policy that conflicts with the Constitution is null and void.
Constitution as the supreme law of the land, and all other laws and actions must conform to its provisions. It ensures that the Constitution is the foundation of the legal system in Nigeria, and its principles and provisions are upheld and respected by all.
Subject matter of this law
The subject matter of section 1(1) of 1999 Constituency are
1. Constitutional Supremacy
2. Rule of Law
3. Separation of Powers
4. Federalism
5. Governance
6. Authority and Legality
7. Individual Rights and Freedoms
8. Limitations on Government Power
9. Judicial Review
10. Constitutional Interpretation
1 Constitution supremacy
The Constitution is the highest law of the land. Any other law federal or state law that contradicts the Constitution is invalid and not necessary accepted
The declaration that the Constitution is “supreme” means it is the highest, most authoritative, and preeminent legal document in Nigeria. It supersedes all other laws, policies, and actions taken by the government, legislature, judiciary, or any other entity. This principle of constitutional supremacy is a cornerstone of democratic governance.Constitution is declared to be the supreme law. This means it takes precedence over other laws and regulations in Nigeria.
This statement deals with the foundational principles of constitutional law in Nigeria. It establishes the supremacy of the constitution as the highest legal authority in the country.
2. Separation of Powers:
By stating the constitution is binding on the “authorities”, this touches on the concept of separation of powers between the different branches of government (executive, legislative, judicial).
3. Federalism:
The reference to the “Federal Republic of Nigeria” indicates this relates to the system of federalism and the distribution of powers between the federal and state and local governments.
4. Civil Liberties and Rights:
The application of the constitution to “persons” suggests it likely encompasses the protection of fundamental civil rights and individual liberties of Nigerian citizens.
5. Judicial Review:
The idea that the constitution’s provisions are “binding” implies the existence of a judicial system that can interpret and enforce the constitution through the process of judicial review.
6. Rule of Law:
At a broader level, this statement affirms the principle of the rule of law, where no individual or institution is above the law, and all must abide by the constitution.
7. Governance and Accountability:
By making the constitution supreme and binding, this establishes a framework of good governance, where the authorities are accountable to the constitution and the people.
8 Binding Force:
The Constitution applies to everyone in Nigeria. This includes: authority and person. Authorities means All levels of government (federal, state or local) and their officials must comply with the Constitution. This applies to both the authorities or government as well as the general population (“persons”) across the entire Federal Republic of Nigeria.
9. Binding on Authorities:
Constitution has “binding force on the authorities” means the government, public officials, and all branches and levels of the Nigerian state (executive, legislative, judicial) are legally obligated to comply with the Constitution. They cannot act in ways that violate or contradict the Constitution.
10 Binding on Persons:
Constitution’s “binding force on persons throughout” Nigeria applies to all citizens, residents, and private individuals. The rights, duties, and limitations outlined in the Constitution are enforceable against everyone in the country, not just the government. Persons means: Every citizen and resident of Nigeria is bound by the Constitution.
In simpler terms, the Constitution is the rulebook for Nigeria. It sets the foundation for how the country is governed and protects the rights of its people. No one, not even the government, is above the Constitution.
11 Checks and Balances:
Binding nature of the Constitution serves as a crucial system of checks and balances. It prevents the government or any individual/group from exceeding their constitutional powers and protects the rights of the people against state overreach.
12. Judicial Review:
If any law, policy, or governmental action is found to violate the Constitution, it can be struck down by the courts through the process of judicial review. The judiciary has the power to interpret the Constitution and enforce its supremacy.
13. Centrality of the Constitution:
Constitution is underscores the central role and importance of the Nigerian Constitution as the foundational, governing document that shapes the country’s legal, political, and social landscape. It is the cornerstone upon which the entire system of governance and rule of law is built.
Can we amend Constitution
The Constitution can be amended, but the process is quite complex. There are mechanisms in place to challenge laws that are deemed unconstitutional. This is done through the court system.The concept of supremacy ensures that the rights and freedoms outlined in the Constitution are protected.
