Glossary of Constitutional Law Terms — Nigeria

Introduction

This glossary provides definitions and explanations of key terms in Nigerian constitutional law. Understanding these terms is essential for navigating the constitutional framework of the Federal Republic of Nigeria and the jurisprudence of its courts.

Glossary

Act of State

A governmental act performed in the exercise of sovereign authority that is not subject to challenge in the courts. The doctrine has limited application in Nigeria, particularly regarding foreign relations and military actions.

Bill

A draft law presented to the National Assembly for enactment. Bills become Acts upon passage by both chambers and presidential assent (or override of veto).

Certificate of Occupancy (C of O)

A statutory document issued under the Land Use Act evidencing a right of occupancy to land. Fundamental to Nigerian land law.

Chapter IV

The part of the Constitution (sections 33-46) guaranteeing fundamental rights, including the right to life, dignity, personal liberty, fair hearing, privacy, and freedom from discrimination.

Constitution

The supreme law of Nigeria, establishing the framework of government, distributing powers, and protecting fundamental rights. The current Constitution is the 1999 Constitution (as amended).

Derivation Principle

The constitutional principle under section 162(2) requiring that not less than 13 percent of revenue from natural resources be paid to the state of origin.

Exclusive Legislative List

A list of 68 matters in Part I of the Second Schedule to the Constitution on which only the National Assembly may legislate.

Federal Character

The constitutional principle (section 14(3)) requiring that the composition of government reflect the diversity of Nigeria.

Federation Account

The account established by section 162 into which all federal revenues are paid for distribution among federal, state, and local governments.

Fundamental Objectives

The policy goals stated in Chapter II of the Constitution, which are non-justiciable under section 6(6)(c).

Fundamental Rights

Justiciable rights guaranteed in Chapter IV of the Constitution, enforceable through the Fundamental Rights (Enforcement Procedure) Rules.

Justiciability

The quality of being appropriate for judicial determination. Matters that are justiciable involve legal rights and obligations that courts can enforce.

Locus Standi

The legal right to bring an action in court. The Supreme Court has liberalized standing requirements for public interest litigation.

Non-Justiciable

Matters that courts cannot adjudicate because they involve political questions or policy choices rather than legal rights. Chapter II of the Constitution is expressly non-justiciable.

Ouster Clause

A legislative provision purporting to exclude or limit the jurisdiction of the courts. Nigerian courts have held that ouster clauses cannot wholly exclude judicial review, particularly regarding fundamental rights.

Prerogative of Mercy

The President’s constitutional power under section 175 to grant pardons, reprieves, or remissions of punishment.

Republic

A form of government without a monarch as head of state. Nigeria became a republic in 1963.

Residual List

Matters not included in the Exclusive or Concurrent Lists, falling within the legislative competence of state Houses of Assembly.

Supremacy Clause

Section 1 of the Constitution, declaring the Constitution supreme and providing that any inconsistent law is void.

Veto

The President’s power to refuse assent to a bill passed by the National Assembly, subject to override by a two-thirds majority.