Meaning and sources of a constitution

My dear students, welcome to our Government class! Today, we will learn about something very important: Constitutions.

Imagine your school has rules that tell everyone what to do – how to dress, when to come to class, how to behave, and what the principal can do. A country also has rules, but these rules are much bigger and more important. These are found in the Constitution.

Let’s start with the meaning of a constitution.

A constitution is a body of fundamental principles according to which a state or other organization is acknowledged to be governed.

In simple words, the constitution is like the highest rule book for a country. It sets out the main rules and principles that everyone, including the government, must follow.

Think of it as the 'mother of all laws' in Nigeria. No other law can go against what the Constitution says.

It tells us how the government is formed, what powers it has, and what rights you, as a citizen, have. For example, our 1999 Nigerian Constitution (as amended) protects your right to speak freely and to education.

Now, let's look at the sources of a constitution. Where do these important rules come from?

Written Documents/Acts of Parliament: These are laws made by the National Assembly (our Parliament in Nigeria) or other law-making bodies. Many of the rules in our Nigerian Constitution came from laws passed by earlier governments.

For instance, our current 1999 Constitution was created and adopted through a decree by a military government, but it's now operated as a written document, passed into law.

Customs and Conventions: These are long-standing practices and traditions that are accepted as rules, even though they are not written down in a law. They are like unwritten agreements.

In Nigeria, some traditional practices, though not explicitly in the Constitution, influence how certain things are done, especially in chieftaincy matters or communal relations, which are often recognized by law.

Judicial Precedents/Case Laws: These are decisions made by courts, especially higher courts, in past cases. When a court makes a ruling, that ruling can become a guide for future cases.

When our Supreme Court or Court of Appeal makes a decision on a difficult legal matter, that decision can become part of how the Constitution is understood and applied in Nigeria.

Historical Documents: These are important papers or agreements from the past that have shaped how a country is governed.

For Nigeria, historical documents like the Lyttleton Constitution of 1954 or the Independence Constitution of 1960 are important because they laid the groundwork for our present Constitution.

Constitutional Conferences: These are meetings where different groups or leaders come together to discuss and agree on the rules for a new constitution.

Before Nigeria gained independence, there were several constitutional conferences, like the London Constitutional Conference, where Nigerian leaders met with British officials to decide on the future structure and rules of Nigeria.

Acts of the Legislature/Statutes: These are specific laws passed by the National Assembly (the Senate and House of Representatives) that deal with how the country is run, and they can sometimes amend or add to the Constitution.

For example, when the National Assembly amends the 1999 Constitution, they are using their power to change or add to the supreme law.

So, you see, a constitution is like the main compass that guides a country, and it gets its rules from many different places, both written and unwritten.

Understanding these sources helps us appreciate how our country’s highest law came to be.