It is so easy for people who aren't lawyers to assume that law can
be found in one book which will give answer to every legal question and that
one book has to be the Constitution. Before I became a lawyer, I thought so
too. Clearly, I was wrong.
Many people today think the way I once thought. Many people today
live with the belief that all Nigerian laws can be found in the Nigerian
Constitution. Frankly sometimes, I wish they were right because it will make
our job as lawyers very easy.
It is so easy for people who aren't lawyers to assume that
law can be found in one book which will give answer to every legal question
I never really averted my mind to the fact that people think like
this until I participated in a discussion where non-lawyers expressed their
views about the Nigerian constitution. I twitched in my chair as I eagerly
awaited my turn to speak.
"The Nigerian Constitution does not contain all Nigerian
laws," I began. "Law consists of so many rules which are contained in
so many books. The Constitution is one of such books. There are several others
made by the legislative arm of government as well as precedents set by
courts."
The disbelief on their faces was frightening than surprising. They
violently disagreed with me. The meeting took a different course. I felt like
Galileo trying to explain science to the Roman Catholic Church.
Many of them had never seen the Nigerian Constitution. I had to
get it. I showed it to them. I also showed them other statutes like Sale of
Goods Act, Criminal and Penal codes, Marriage Act, Companies and Allied Matters
Act, EFCC Act, Money Laundering Act, and Illiterate Protection Act.
Point is, they were satisfied with what they knew about the
Nigerian Constitution. For them, that is all there is to know about the
Nigerian Constitution. Knowing and understanding its contents is really not
their business.
After my experience at that meeting, I thought it was necessary to
do this post to educate people. It is important, not only for lawyers, but for
everyone to have a basic understanding of the Nigerian Constitution. The Constitution is a small
book so one actually buy a copy and read.
As a lawyer, I find it very perturbing that whenever the common
man identifies a legal issue, the next thing he/she does is to point at the
Constitution.
Whether a politician has embezzled funds or a robber has robbed a
store, or a man has murdered another, or government has not paid salaries, or
an employer fires an employee or a person trespassed into another’s property or
a man beats his wife or a school expels a pupil; the common man feels these and
all other legal issues can be resolved by reference to the Constitution.
“It is very perturbing that whenever the common
man identifies a legal issue, the next thing he/she does is to point at the
Constitution.”
Thus, when a legal question arises, the common man will often ask:
“what does the Constitution say about that?” I for one have had to answer many
of such questions and it could be infuriating. Then if they are not satisfied
with the answer they get, they often add: “our laws are bad. Government had
better amend the Constitution!”
When people ask such questions and make such remarks, it shows
that they think all the laws in Nigeria can be found in the Constitution.
Sadly, this is not true.
The totality of laws in Nigeria cannot be found in the Nigerian
Constitution and since the Constitution does not contain all the laws in
Nigeria, it would be wrong to assume that all legal issues can be addressed by
reference to the Constitution.
“The Constitution does not contain all the Laws
of Nigeria.”
What then is the Constitution? The Nigerian Constitution is the
organic and fundamental law of the Nigerian State which has been reduced into
writing (because Constitutions could be written or unwritten). It is described
as organic because in the hierarchy of laws in Nigeria, it is the most supreme,
the greatest, from which all other laws derive their validity.
The Nigerian Constitution itself is a law albeit it establishes
the character and conception of government; lays the basic principles to which
its internal life is to be conformed, organizes the government; regulates,
distributes, and limits the functions of the different departments of
government, and prescribes the extent and manner of the exercise of sovereign
powers.
Contrary to what many people think, criminal laws
cannot be found in the Constitution. So when someone steals or kills or rapes
or robs another, it is not a Constitutional issue.
The thrust of this article which I have tried not to deviate from
is the fact that the Nigerian Constitution does not contain all the laws in
Nigeria. The Constitution itself is a law but it does not contain the aggregate
of laws in Nigeria.
Contrary to what many people think, criminal laws cannot be found
in the Constitution. So when someone steals or kills or rapes or robs another,
it is not a Constitutional issue. More so, embezzlement of funds by public
officers is not governed by the Constitution and neither is divorce.
There are so many laws for so many things: land law, torts law,
contract laws, labour law, company law, oil and gas law, maritime law,
illiterate protection act, child rights law, just to mention a few.
Thus, the people must desist from the belief and must resist the
thought that the Constitution is a very large book that contains all the laws
in Nigeria. For the sake of emphasis, the Constitution is a very small but
powerful book which addresses cardinal issues of state. As an undergraduate
sometime in 2010, I bought my first copy for just N300.
“The common man must desist from the belief and
must resist the thought that the Constitution is a very large book that
contains all the laws in Nigeria.”
The Nigerian Constitution is sold in nearly every bookstore. For
those who are technologically inclined, you can always download an electronic
copy in PDF or other formats. It really cannot take more than 2 megabytes.
It is important that every Nigerian reads the Constitution. Some
people have never even seen the Nigerian Constitution. They do not even know
what it looks like. One does not have to be a lawyer to study the Nigerian
Constitution.
Because knowledge is never wasted, you really do not know when it
will prove useful. Besides, it will aid in clarifying certain misconceptions
such as the one I have addressed in this post. Now that you know the Nigerian
Constitution does not contain all the laws in Nigeria, I encourage you to share
this knowledge with someone.
“It is important that every Nigerian reads the
Constitution. It is sad that some people have never even seen the
Constitution.”
I really cannot say all in this post. I know that questions will
arise especially as regards the contents of the Nigerian Constitution since I
have not talked about them here. Nonetheless, you can be rest assured that I
will address them in subsequent posts.
Are you serious? Wow I can't believe it. Lolz. And I've been thinking that the constitution has everything.
ReplyDelete@ Phoebe. Better you at least you've only been thinking. Me that I have written it in exam. I took an elective in law and the lecturer did not even tell us. Chai!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Allow me to die.
ReplyDeletevery educating.
ReplyDeleteHello Ace Lawyer. People assume the same thing in my country. I guess we all need to be educated. It is a very nice piece although.
ReplyDeleteGreat job, people need to know this. The constitution is supreme, we all know that, but there are so many other laws that contains other subsidiary legislations that cater for the legal needs of every citizen. That's why people need we lawyers to help them.
ReplyDeletePeople ought to read stuff like this instead of senseless jokes on social media. Please I am sharing this.
ReplyDeleteI am surprised that people don't know this. I am not a lawyer but I know. Isn't it just common sense?
ReplyDeleteThank you very much for this information. I like it.
ReplyDeleteThank you all. Thank you very much. I am glad this post has been really helpful. Your comments are very encouraging. It means this post is serving its purpose. Stay glued to my blog because there's a lot more to come.
ReplyDeleteI've been wanting to ask and I think this Platform is good for it. What does the Constitution say about the President being unable to perform his duties because of ailment? I have read some sections of the Constitution but I don't understand it. Please can you offer some explanation about that? Thanks
ReplyDeleteThank you Victor for taking out time to read my post and drop a comment. I really appreciate it. In as much as I'd like to respond to your question, I do not think this is the right platform for that. I feel it is an issue worth addressing and I have taken the hint to consider (only consider) addressing it in a subsequent post. However, before then, you can contact me personally and I'll give you my opinion. You can see my Contact Us page for my contact. Thank you once again.
ReplyDeleteNice one counsel.
ReplyDelete