Supremacy of the Constitution of the Federal Republic of Nigeria 1999.

Abstract. 

This Article focuses on The Supremacy of the Constitution of The Federal Republic of Nigeria (CFRN), 1999, why and how the constitution is supreme. It also discusses its importance, challenges and recommendations. It describes the Constitution as the grundnorm, which must be obeyed by all. This article mainly discussed Section 1 of the Constitution as this provides and expressly stated the constitution as supreme and gave instances where the constitution will prevail. It also examines how the judiciary can help maintain its supremacy by interpreting laws, adjudicating for justice and ensuring that any case that doesn’t align with the provisions of the constitution shall be struck out. 

The 1999 Constitution is an important law in Nigeria. It is the law from which all other laws derive their constitutionality. Without the Constitution, no other law can exist. The key law guiding the legal framework of Nigeria is the 1999 Constitution. 

Introduction: 

Constitution is the basic principles and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it1.  Constitutions are laws made to ensure the rights and duties of people, the government and everyone in that state. It is the law that guides a state. 

Importance of the 1999 Constitution in Nigeria’s Legal Framework. The 1999 Constitution has played a crucial role in stabilizing Nigeria’s democracy, promoting human rights, and guiding governance2. It established Nigeria’s current federal system, outlining the separation of powers between the executive, legislative, and judicial branches, and defining the duties of the federal state, and local governments. The constitution also established the various types of courts we have in Nigeria ranging from the apex court which is the supreme court (s 230) to other courts like the court of appeal (s 237) among others. 

The concept of Supremacy in constitutional law. 

The term Supremacy means the ultimate authority or power. 

Constitutional Supremacy is the rulership or sovereignty of the constitution. Constitutional supremacy refers to the system of government where the Constitution is the ultimate source of legal authority, meaning the law-making freedom of a sovereign Parliament is subordinate to the constitutional requirements. It is therefore inferred that all laws passed must be in line with the Constitution3. 

The 1999 Constitution is the grundnorm of the state. 

 This article aims to examine how and why the constitution is supreme and shed more light on what Section 1 talks about. 

Constitutional Basis For Supremacy. 

Section 1 of the 1999 constitution provides for the supremacy of the constitution. It provides that; 

1. Supremacy of constitution 

(1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria. 

(2) The Federal Republic of Nigeria shall not be governed, nor shall any persons or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution. 

(3) 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 void4.  These provisions establish the constitution as the grundnorm i.e highest law. Section 1(1) expressly states that the constitution is supreme. The other two subsections though not express also gave instances where the constitution is supreme. Subsection 2 explains that no one can take control of the government of Nigeria except if it is in accordance with the constitution and Subsection 3 explains that any law inconsistent with the provisions of the constitution will be null and void to the extent of its inconsistency. It establishes the power of judicial review. 

Practical implications of Constitutional Supremacy. 

• All laws and actions of government must conform to the Constitution: Every action of the government must conform with the provisions of the constitution, any act done outside the constitution will be regarded as unconstitutional. 
• Any law inconsistent with the Constitution is void to the extent of the inconsistency (S1(3)): The constitution prevails over other laws. Any law made that is inconsistent with the constitution will not be binding by the citizens. They will be declared null and void to the extent of its inconsistency. This provides that every law to be made either customary law or any other laws should not go against the provisions of the constitution. 
• There are cases or laws that have been struck down for being unconstitutional, such as; Ukeje v. Ukeje(2014) LPELR-22724(SC)5– a landmark case in Nigeria for challenging discriminatory customary inheritance practices and upholding the country’s constitutional provisions for equality. 

Judicial Interpretation and Enforcement. 

Courts uphold constitutional supremacy through judicial review, which is their power to assess the constitutionality of laws and government actions. By interpreting the constitution and striking down unconstitutional laws, courts safeguard the constitution as the supreme law of the land. The Court’s role as the guardian of the Constitution is essential to maintaining the integrity of democratic governance. By ensuring that constitutional ideals are acknowledged and upheld, the Court protects individual rights, upholds the balance of power, and advances the rule of law. The Court must interpret and apply the Constitution in ways that promote justice, equity, and liberty for all6. 

Challenges to Constitutional Supremacy. 

• Disregard for court orders or constitutional provisions by public officials: this poses a severe challenge to constitutional supremacy by directly undermining the rule of law, eroding public trust, encouraging anarchy, and threatening the system of checks and balances. 
• Constitutional breaches without consequences: This is a fundamental challenge to constitutional supremacy because laws without a method of enforcement are merely suggestions, not binding laws. 
• Weak enforcement mechanisms: pose a significant challenge to constitutional supremacy by rendering constitutional provisions ineffective in practice, thereby undermining the rule of law, eroding public trust, and enabling abuses of power. 
• Public Ignorance of Rights: Most times, citizens are ignorant of their rights. Ignorant of their duties. With a mindset of ignorance one would think the constitution is just binding on paper. When oppressed, they are not aware of the fact that the constitution is supporting them, it made provision for their rights. 

Recommendation. 

To solidify constitutional supremacy and reinforce the rule of law, the following recommendations are crucial: 

• Strengthen Institutional Accountability: The deliberate non-compliance with judicial pronouncements by political office holders constitutes a direct attack on the supremacy of the Constitution itself, as the Constitution designates the courts as its final interpreters. When there is contempt of court by political officers and no punishment follows, it can appear as though they are above the law, rather than subject to it. However, this can be curbed. There should be a law against this, a framework to punish those who go against court orders, because truly, the Constitution is above them (Section 1(2)). 
• Foster a Culture of Constitutionalism: Beyond the legal text, constitutionalism requires a political commitment from all leaders and citizens to abide by the spirit and letter of the Constitution. Leaders must lead by example, demonstrating that constitutional fidelity is paramount to democratic governance. Every constitutional breach should have a consequence. There should be a reward or punishment for our acts. Where there is no law, there is no crime, but where there is no punishment, the acts may be seen as nothing. We should foster a culture of constitutionalism. 
• Enhance Judicial Independence and Funding: The judiciary cannot effectively serve as the guardian of the Constitution if it is financially dependent on the executive or legislature. There needs to be independence at the judicial arm to avoid reliance on the other arms, thereby making decisions more fair. There should be a standing and existing separation of powers so that no arm encroaches on the powers of the other. However, they can check each other in small ways so there would be a balance in our democratic system. 
• Promote Constitutional Literacy: Ignorantia juris non excusat, a common maxim that means “ignorance of the law is not an excuse” but truly, people are ignorant of what exactly the law says. To avoid a claim of ignorance, there is a need for awareness. People need to be aware of their rights and duties, and this can only be done by those who know the context of the Constitution. The lawyers, judges, and legal educators need to promote constitutional literacy, giving citizens the knowledge that their rights are enshrined in the Constitution and that the Constitution supersedes all other laws. 

These recommendations are necessary to address the rising challenges of constitutional supremacy. The main aim is to ensure that the supremacy of the Constitution is well known, established, and passed across. 

Conclusion. 

The 1999 Constitution is the grundnorm and its supremacy is the cornerstone of Nigerian democracy. It is established by Section 1 and enforced by the judiciary via judicial review. Despite the constitutional guarantee, real world challenges persist but it can be corrected and the constitution could retain its supremacy and bindingness. 

Bibliography. 

• Merriam-Webster Dictionary
• Sentia Healthcare, ‘The Nigerian Constitution’ (3 March 2025) <https://sentiahealthcare.com.au/2025/03/03/the-nigerian-constitution/> accessed 29 October 2025  
• CJ Okoye Law View, ‘LAW 443 – Administrative Law I: Topic 7 – Constitutional Supremacy’ <https://cjokoyelawview.com/law-443-administrative-law-i/topic-7-constitutional-suprem acy> accessed 29 October 2025  
• Constitution of the Federal Republic of Nigeria 1999 (as amended)
• Ukeje v Ukeje (2014) LPELR-22724(SC)  
• Asian Law College, ‘Supreme Court: Guardian of the Constitution’ (28 December 2024) <https://alc.edu.in/blog/supreme-court-guardian-of-the-constitution/> accessed 29 October 2025 

1 Merriam-Webster Dictionary.

2 Sentia Healthcare, ‘The Nigerian Constitution’ (Sentia Healthcare, 3 March 2025) <https://sentiahealthcare.com.au/2025/03/03/the-nigerian-constitution/> accessed 29 October 2025. 

3 C J Okoye Law View, ‘LAW 443 – Administrative Law I: Topic 7 – Constitutional Supremacy’ (CJ Okoye Law View) <https://cjokoyelawview.com/law-443-administrative-law-i/topic-7-constitutional-supremacy> accessed 29 October 2025.

4 Constitution of the Federal Republic of Nigeria, 1999, S1(1),(2),(3). 

5 Ukeje v. Ukeje (2014) LPELR-22724(SC)

6 Asian Law College, *‘Supreme Court: Guardian of the Constitution’* (ALC, 28 December 2024) <https://alc.edu.in/blog/supreme-court-guardian-of-the-constitution/> accessed 29 October 2025.