Section 120 of 1963 constitution of nigeria pdf

Constitution of the federal republic of nigeria promulgation decree 1989 no. But the 1963 constitution which was enacted by the nigerian people turned nigeria into a federal republic. According to the constitution of the federal republic of nigeria, these are the fundamental human rights. Nigerias constitution of 1999 with amendments through 2011 subsequently amended.

Constitution of the federal republic of nigeria promulgation. It has been infected by the complete erosion of the concept. Independent nigeria s second constitution established the country as a federal republic. Udofa department of public law, faculty of law university of uyo, uyo, akwa ibom state, nigeria abstract section 391 of the 1999 constitution of nigeria guarantees freedom of expression as a fundamental right. This constitution continued arrangements developed in 1960 to pacify minorities and foster a sense of belonging for all nigerians. This constitution removed queen elizabeth as the head of state. It is the fundamental and organic law of a nation or state that establishes. The constitution made provision for real independence of the nigerian state. The constitution, originally comprising seven articles, delineates the national frame of government. It also succeeded the cancellation of section 120, which repealed the appellate jurisdiction of the privy council judicial committee, which was the nigerias apex court. Right to life every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of a criminal offence of which he has been found guilty in nigeria section 33 of the 1999 constitution.

The constitution, in nigerias situation, is the supreme law of the land which all acts of individuals and of parliament must not contravene. Osinbajos interpretation of section 171 of the constitution. Constitution of the federation of nigeria 1960 and other. A person born outside nigeria after the thirtieth day of september, 1960, shall become a citizen of nigeria at the date of his birth if at that date his father is a citizen of nigeria otherwise than by virtue of this section or subsection 2 of section 7 of this constitution. Fundamental human rights in nigeria nigerian finder. This study shows and analyses the con stitutional and. Download pdf this document is the constitution of nigeria from 1979. Pdf nonjusticiability of chapter ii of the nigerian. The 1960 constitution has 154 sections and 11 chapters where the 1963 constitution has 159 sections 12 chapters. The constitution of the federation of nigeria 1960 world statesmen. On 19 september 1963 the republican constitution was passed into law by the federal parliament and became operational on 1 may 1963. Constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void.

This constitution has improved on the 1979 constitution of nigeria in seeking to promote federalism both in its classical formulation and as a tool for achieving the much needed unity in diversity 1. Chapter 5, section 80 establishment of consolidated revenue. A constitution amendment of the existing 1922 constitution resulted to the 1946 constitution, also known as the richard constitution, in recognition of then british governorgeneral of nigeria, sir arthur richards. Malaysia, the federation of nigeria, the republic of cyprus, sierra. The constitution of the republic of kenya, 1963 as amended. May 31, 2018 the major difference between 1960 and 1963 is that it was parliamentary system of government where they have two head of government which are head of state and head of government and is based under the rules of the british government which is the. Fight covid19 but protect journalists, by esther ikubaje may 3, 2020 insult as treason and other nigerian idi amin dada stories, by festus adedayo may 3, 2020 this is the time of healing, by femi aribisala may 3, 2020. Court of appeal on all nigerian cases within a context of constitutional inferiority smacked of executive tyranny. This constitution shall have the force of law throughout nigeria and, subject to the provisions of section 4 of this constitution, if any other law including the constitution of a region is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. Constitution of kenya, 2010 3 part 2rights and fundamental freedoms 26right to life. Mar 17, 2016 history of nigerian constitutional development introduction. The situation whereby the legislative powers of nigerian parliaments. Nigeria, for instance, has operated three civilian constitutions the 1963, 1979 and the. The 1963 republican constitution was substantially the same as the 1960 document, except that it severed nigerias tie to the british monarchy although nigeria remained a member of the commonwealth.

It includes chapters on general provisions, fundamental objectives and directive principles of state policy, citizenship, fundamental rights, the legislative, the executive, the judiciary, federal capital territory and general supplementary provisions. The constitution guarantees every citizen equality under the law. Its first three articles embody the doctrine of the separation of powers, whereby the federal government is divided into three branches. If the appropriation bill in respect of any financial year, has not been. The 1963 republican constitution which the nigeria parliament purposed to enact in 1963 following the earlier colonial comriderts and suspect in no different it remains an act of parliament not a constitution, the material different between the 1960 and 1963 constitute is that the latter 1963 constitution declared nigeria a republic and. Right to freedom of expression and the law of defamation in nigeria imo j. Chapter 5, part 2, section 120 of the nigerian constitution. The 1963 constitution, which was based on the westminster system, continued in operation until a military coup in 1966 overthrew nigeria s democratic institutions. What are the major differences between the 1960 and 1963. Aug 07, 2017 but the 1963 constitution which was enacted by the nigerian people turned nigeria into a federal republic. Thus, the key features of the 1963 constitution were the establishment of nigerias first republic under a parliamentary system of government by replacing the governorgeneral appointed.

Chapter 5, section 80 establishment of consolidated. Contents page arrangement of articles 517 constitution 19214 list of amendments 215220 list of articles amended 221236. It was a followup to the constitutional conference held in lagos on 25 and 26 july 1963, designed to resolve the following issues. Section 30 of the decree further defines gratification to include various forms of financial benefit other than cash. Nov 22, 2016 the constitution of nigeria that established nigerian federation was the 1963 constitution. B kasunmu, the supreme court of nigeria 19561970 10 1977. It came into force on 1st of october, 1963 nigeria s third anniversary as an independent nation.

Nigeria s constitution of 1999 with amendments through 2011 subsequently amended. May 15, 2017 the underscored paragraph d of this section, on which osinbajo most probably relied, does specifically mention the efcc, and it is anathema to smuggle any extraneous matter into the constitution. Constitution of the federal republic of nigeria 1999 chapter i. The constitution of the united states is the supreme law of the united states of america. For the purposes of section 70 of this constitution the number of inhabitants of nigeria or any part thereof shall be ascertained by reference to the 1963 census of the population of nigeria or the latest census held in pursuance of an act of the national assembly after coming into force of the provisions of this part. Nigeria has to adopt 1963 constitution the guardian. While the pdp is the party that has governed nigeria since its transition into democracy in 1998, the apc was formed only in 20 through a coalition of four opposition parties. Chapter 5, section 120 establishment of consolidated. Constitution of the federal republic of nigeria pdf download.

Chapter 5, part 1, section 80 of the nigerian constitution. Constitution of the federal republic of nigeria wipo. Constitution of the federal republic of nigeria 1979. While the nigerian constitution requires each house of the national. Aug 30, 2016 the supreme court of nigeria which is the apex court in nigeria was established in 1963 following the proclamation of the federal republic of nigeria and the then 1960 constitution which came into operation on october 1, 1963, following the abolition of section 120 which abrogated the appellate jurisdiction of the judicial committee of the. It was established in 1963 subsequent to the enunciation of the federal republic of nigeria and the 1960 constitution, which became effective on october 1, 1963. The underscored paragraph d of this section, on which osinbajo most probably relied, does specifically mention the efcc, and it is anathema to. Nigeria became independent on october 1, 1960 the period between dis ddate is january 15, 1966, when the first military corp detat took place, is generally referred to as the first republic, although the country became a republic on october 1, 1963. Provided that the provisions of this section as to consistency with this constitution shall not apply in respect of an act made pursuant to section 15a 3.

The 1999 constitution of nigeria provides what may be regarded as basic and rather comprehensive legal framework for true federalism. The constitution of nigeria that established nigerian federation was the 1963 constitution. Constitution, the nigeria independence act, 1960, or the. This chapter analyzes the background, procedures, structures, and aftermath of nigerias. Notably, this constitution gave rise to the first division of nigeria into geopolitical regions, the three main regions namely. Section 157 1 of the 1963 republic constitution is unique in that it specifically named an individual to be president of nigeria. This document contains major provisions of the constitution of the federal republic of nigeria which was promulgated by decree in 1989. The whole of chapter ii of the constitution of the federal republic of nigeria cfrn 1999 made up of 12 sections spanning section to 24 contain the political, economic, social, cultural and. This new constitution was passed into law on 1st october 1963 and it was in line with the constitutional conference that was held in lagos between july 25 and 26, 1963.

The 1979 constitution was a schedule to decree 102 of 1979 enacted and signed by general. The republican constitution of 1963 university of miami school of. Eighteen hundred and sixty four to enable the people of the territory of nevada to form a constitution and state government and for the admission of such state into the union on an equal footing with the original states, requires that the members of the convention for framing said. History of nigerian constitutional development the jet lawyer. As part of the transition, general abubakar appointed a constitution debate. Nigeria and, subject to the provisions of section 4 of this constitution, if any other law. Nigerias constitution of 1999 with amendments through 2011. Features of the republican constitution of 1963 nigerian. Historical development of the nigerian constitution. The importance of a constitution in any given society cannot be overemphasized.