AN APPRAISAL OF MILITARY RULE AND THE NIGERIAN CONSTITUTION

AN APPRAISAL OF MILITARY RULE AND THE NIGERIAN CONSTITUTION

Abstract:

‘Constitution’ may be defined as a- document having a special legal sanctity which sets out the framework and the principal functions of the organs of government within the state, ‘and declares the principles which those’ organs must operate. Moreover, it includes the whole system of government of a country, the collection of rules which establish and regulate or govern the government. Therefore, a constitution may be written or unwritten. But the practice of most modern governments, including Nigeria, is to “have a” written constitution. Constitutional principles were gradually introduced into Nigeria,by the British colonial power from annexation of Lagos in 1862 to independence in 1″960. Thus, the issue of constitution for Nigeria has been as old as the formation of the country itself . Even after independence, the search for a durable constitution had occupied the government. The post independent constitutions for. Nigeria were usually short-lived as a result of Military ‘ Coup D’etat. “Of the thirt y nine years of the country’s existence, only ten years ‘ were spent under constitutional governments. Dictatorships, military or otherwise are antithesis of constitutional government. The Practice of Military Governments in Nigeria has been to’ suspend or abrogate some certain sections of the. constitution. A kind of combination of dictatorship and constitutionalism. This thesis is an attempt to examine the extent to which the Military Government maintained constitutional principles. The extent of military encroachment on the .constitution wil l be determined. In order to achieve this objective some traditional constitutional concepts are chosen for examination. Examples of such concepts are: the rule of law, separation of powers and fundamental Rights. It is worthy of noting, that the Military participated in overthrowing the 1963 and 197 9 constitutions but were responsible for making the 1979 and 1989 constitutions, and the 1995 draft constitution. The thesis extends to military and constitution making. The thesis is divided into six chapters. The firs t chapter provides a brief background of the study, setting out the objective, nature, and scope of the study, followed by a brief literature review and the organisational layout. While the second chapter begins with the evolution of the Nigerian constitution. The history and nature of every constitution that was made or operated at any given time is discussed. This includes pre, and post independent constitutions. The role of military Government in constitution making is highlighted as well. ‘ . In the third chapter, the constitutionality of Military rule is discussed. The Nature of Military ‘Governments • is examined and compared with constitutional one’s. doctrine of separation of powers. Beginning with it s historical background, that is , how it came into being and finall y found a place in the constitutions .of many countries. It involves the . – legislature, executive, the judiciary, and “the principle of checks and balances in the constitution. The extent to which military rule affected the doctrine of separation of powers is also discussed. The fift h chapter examined the Nigerian bil l of rights. Fundamental Rights and freedoms were enjoyed by the- subjects or citizens in Nigeria under constitutional regimes. The enjoyments of these rights are usually curtailed under military regimes. So many Decrees were promulgated’ by the Military Government, which adversely affected the citizen’s fundamental rights and freedoms. Al l such Decrees could not be discussed, but most of them are highlighted. Finally, chapter six contained a brief summary and conclusion of what was learned in the course of writing the thesis. The conclusion is simply that there is no substitute to constitutional government.

AN APPRAISAL OF MILITARY RULE AND THE NIGERIAN CONSTITUTION