Shaping Public Policy Through Constitutionalism: Nigeria’s Constitutional Development and the Quest for an Autochthonous Constitution

Abstract

Purpose: This research is driven by the urgent demand for an “autochthonous Constitution” for Nigeria, championed by a diverse array of groups (ethnic nationalities, pro-democracy, civil societies, religious and student bodies). It seeks to unravel the historical foundations of Nigeria’s constitutional development, spotlighting the influence of colonial legacies and military decrees. The primary objective is to propose a pathway for crafting an autochthonous constitution that genuinely reflects the desires and aspirations of the Nigerian populace. This envisioned constitution which will be deeply rooted in Nigeria’s unique historical and cultural context is intended to serve as the foundational framework for the nation’s policy directives.

Design/Methodology/Approach: The doctrinal method of analysis was adopted. It was based on current materials and drew on contrasting views of learned authors and scholars, as well as various legislative sources. Data was obtained using texts, articles, journals, case law, electronic sources, legislation, and other policy documents.

Findings: The colonial constitutions that preceded independence in 1960 had no imprimatur of the natives, it was tailored to suit the caprices of the colonialists, indicating its unauthorized nature. The subsequent adoption of the Parliamentary constitution of 1963 and the Presidential constitution of 1979 mutatis mutandis clearly have not met the expectations of many. The 1979 and 1999 Constitutions midwifed by the military with their attendant flaws and lacking in originality proclaims itself as having emanated from the people but the claim is debatable. A section in the Constitution proclaims the country as a Federation but in practice the system of government seems more like a unitary system. The 1999 Constitution (as amended) has not addressed Nigeria’s multifarious and hydra headed challenges, thus it has suffered serious by eminent Nigerians leading to agitations for the enactment of an autochthonous constitution.

Research, practical & social implications: The research sheds light on the practical and social implications of Nigeria's constitutional journey. It elucidates how a constitution rooted in the nation's unique socio-political context can serve as a fundamental instrument for the advancement of public policy. The findings underscore the potential of an autochthonous constitution to address socio-cultural diversity, enhance governance, and promote social cohesion. This research, therefore, holds particular relevance for policymakers, legal scholars, and citizens alike, offering actionable insights into the vital role of constitutionalism in policy development.

Originality/Value: The value of the study lies in its dual focus on the historical underpinnings of constitutional development in Nigeria and the contemporary pursuit of an autochthonous constitution.