Does the Nigerian Constitution Contain all the Laws of Nigeria?

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.