Meaning of section 1 (3) of 1999 constitution. In this article I will like to explain what is the meaning of section 1 (3) of 1999 constitution
Meaning of section 1 (3) of 1999 constitution
Something may come to your mind if you read Nigeria section 1 subsection 3 of 1999 constitution.
The constitution says
If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.
The related article
Meaning of section 1 (2) of 1999 constitution
Meaning of section 1 (1) of 1999 constitution
Meaning of this section
“If any law conflicts with the Constitution, the Constitution wins. The conflicting law is invalid to the extent of the conflict.
Because the Constitution is the supreme law of the land
– If another law contradicts the Constitution, the Constitution takes precedence
– The conflicting law is null and void to the extent of the inconsistency
The Constitution is the highest authority, All laws must align with the Constitution, Any law that contradicts the Constitution is invalid
1. Constitutional Supremacy:
This statement establishes that the Nigerian Constitution is the supreme law of the land. It has authority over and above all other laws, rules, and regulations in the country. If any other law: This means any law passed by the government, legislature, or any other authority.
2. Inconsistency with the Constitution:
If any other law, whether passed by the government, a court, or any other authority, is found to be inconsistent or in conflict with what is written in the Constitution, then that other law is invalid.This means if that other law clashes or contradicts something written in the Constitution.
3. Nullifying Conflicting Laws:
When there is an inconsistency, the Constitution basically cancels out or makes void the parts of the other law that go against the Constitution. The Constitution overrides those conflicting sections.
4. Preserving Constitutional Integrity:
The purpose of this provision is to ensure the Constitution remains the foundational and paramount legal document that governs Nigeria. It protects the Constitution from being undermined by other laws.
5. Upholding the Rule of Law:
At a broader level, this statement is about upholding the principle of the rule of law – the idea that no person or institution, including the government, is above the law. The Constitution is the highest law
Any other laws are like smaller rulebooks that might apply to specific situations. But if a smaller rulebook (another law) tries to say something different from the main rulebook (the Constitution), the main rulebook wins. The conflicting part of the smaller rulebook is basically ignored.
This ensures that the Constitution remains the most important law in Nigeria, and everything else has to follow its lead. It helps maintain order and prevents confusion by having a clear hierarchy of laws.
Let take a look at this:
Imagine a law is passed that restricts freedom of speech in a way that goes against what the Constitution guarantees. Following the principle of supremacy of the constitution, a court could declare that law (or the specific parts restricting free speech) to be void.
– A federal law that contradicts a constitutional provision would be invalid
– A state law that restricts a fundamental right guaranteed by the Constitution would be struck down
– A government policy that discriminates against a group protected by the Constitution would be deemed unconstitutional
The Supremacy Clause is a fundamental principle in constitutional law, ensuring that the Constitution remains the supreme authority and safeguarding the rule of law in Nigeria.
Concept of supremacy of law
1 Hierarchy of Laws: This principle establishes the Constitution as the highest law of the land. All other laws (federal, state or local) and even judicial rulings must comply with the Constitution. If there’s a conflict, the Constitution prevails.This clause firmly establishes the Nigerian Constitution as the apex law that sits atop the country’s entire legal system. It creates a clear hierarchy, with the Constitution as the supreme authority.
2 Judicial Review: This process allows courts to review laws and actions of the government to ensure they conform to the Constitution. If a court finds a law to be inconsistent, it can declare that law (or specific parts of it) to be void.
3 Amending the Constitution: The Constitution itself outlines the process for making changes to its provisions. This process is typically more complex than amending regular laws, ensuring the core principles of the Constitution are not easily altered.
4 Levels of Scrutiny: Courts in Nigeria can apply different levels of scrutiny when evaluating if a law is inconsistent with the Constitution. Here are two common approaches:
5 Strict Scrutiny: This is the highest level of scrutiny applied to laws that might infringe on fundamental rights guaranteed by the Constitution. The law must be demonstrably justified and serve a compelling government interest.
6 Rational Basis Review: This is a less stringent test used for other types of laws. The court will assess if the law has a rational basis for existing and is not arbitrarily applied.
7. Preventing Erosion of Constitutional Power: The provision is meant to stop the gradual weakening or undermining of the Constitution’s power and authority over time. It prevents other laws from slowly chipping away at the Constitution’s preeminence.
8. Providing Judicial Recourse: If a conflict arises between the Constitution and another law, this statement implies the ability for the courts to step in, review the issue, and ultimately void the unconstitutional law.
9. Safeguarding Fundamental Rights: By ensuring the Constitution’s supremacy, this clause helps protect the fundamental rights, freedoms, and principles enshrined within the Constitution from being violated by other legislation.
10. Promoting Legal Consistency: This provision promotes overall consistency, coherence and harmony within Nigeria’s legal system. It prevents contradictions and discrepancies between the Constitution and other laws.
11. Reinforcing Checks and Balances: The supremacy of the Constitution acts as a check on the powers of the legislative, executive and judicial branches, preventing any one branch from exceeding its constitutional authority.
12. Enhancing Predictability and Stability: Knowing the Constitution is the highest law provides certainty, predictability and stability within Nigeria’s legal framework and governance structures.
13. Aligning with Democratic Norms: The concept of constitutional supremacy is a hallmark of modern constitutional democracies and a key tenet of the rule of law.
Constitutional Supremacy and Federalism:
Nigeria operates as a federation with power distributed between the federal government and the states. The Constitution outlines this power distribution. In cases of conflict between federal and state laws, the courts would determine which law prevails based on the principles of supremacy and the specific provisions of the Constitution regarding federalism.
Limitations of supremacy of federalism
While the Constitution enjoys supremacy, it can be amended through a specific process outlined within the document itself. However, amending core principles is typically a complex and challenging task.
Purpose of supremacy of law
– To establish the Constitution as the supreme law of the land
– To ensure that all laws and regulations conform to the Constitution
– To prevent conflicts between laws and the Constitution
– To safeguard the rule of law and the principles of the Constitution
Key aspects of supremacy of law
– The Constitution takes precedence over all other laws and regulations
– Any law or regulation that conflicts with the Constitution is invalid
– The conflict can be partial or total, affecting only specific provisions or the entire law
– The Supremacy Clause applies to all laws, including federal, state, and local laws
– It also applies to regulations, policies, and other governmental actions
Consequences of supremacy of law
– Laws that conflict with the Constitution are null and void
– Courts can declare such laws unconstitutional and strike them down
– Government actions that violate the Constitution can be challenged and overturned
– The Supremacy Clause ensures that the Constitution remains the highest authority in the land
