Constitutional Adjudication in Nigeria

Introduction

Constitutional adjudication in Nigeria encompasses the processes by which courts interpret, apply, and enforce the Constitution. The Constitution of the Federal Republic of Nigeria 1999 (as amended) vests judicial power in the courts, including the authority to determine constitutional questions, enforce fundamental rights, and review the constitutionality of legislation. The Supreme Court has the final authority to interpret the Constitution, and its decisions on constitutional matters bind all other courts.

Jurisdiction

Original Jurisdiction

The Supreme Court has exclusive original jurisdiction under section 232 of the Constitution in disputes between the Federation and a state, or between states. This jurisdiction includes constitutional disputes between different levels of government.

The Federal High Court has jurisdiction under section 251 over matters relating to the revenue of the federal government, which may involve constitutional questions.

State High Courts have jurisdiction under section 272 over all civil matters, including constitutional questions not reserved for the Federal High Court.

Fundamental Rights Jurisdiction

Section 46(1) of the Constitution confers jurisdiction on the High Court to hear applications for the enforcement of fundamental rights. The Fundamental Rights (Enforcement Procedure) Rules 2009 provide a summary procedure for such applications, designed to provide speedy and effective remedies.

Standing

Locus standi in constitutional adjudication requires the applicant to have sufficient interest in the matter. The Supreme Court in Fawehinmi v President, FRN (2007) liberalized the standing requirement for public interest litigants seeking to enforce constitutional rights affecting the public generally. For fundamental rights enforcement, any person whose rights have been or are likely to be infringed may apply.

Procedures

Reference Procedure

Courts may refer constitutional questions to a higher court for determination. The High Court may refer a question of constitutional interpretation to the Court of Appeal, and the Court of Appeal may refer a question to the Supreme Court.

Fundamental Rights Enforcement

An application for fundamental rights enforcement is made by originating motion to the High Court. The application must be supported by affidavit evidence. The court must hear and determine the application expeditiously, with strict timelines requiring replies within 14 days and final determination within 30 days.

Constitutional Questions in Ordinary Proceedings

Constitutional questions may arise in ordinary civil or criminal proceedings. The court must determine the constitutional issue as part of the case. If the constitutional question is substantial, the court may refer it to the Court of Appeal or Supreme Court.

Interpretation

The Supreme Court has developed principles of constitutional interpretation:

• The Constitution must be interpreted liberally and purposively
• The words of the Constitution should be given their ordinary meaning
• The Constitution should be interpreted as a whole, not in parts
• The Constitution is a living document capable of adaptation
• Constitutional provisions should be interpreted to promote rather than defeat their purpose

Justiciability

Not all constitutional provisions are justiciable. Chapter II (Fundamental Objectives) is expressly non-justiciable under section 6(6)(c). Courts have, however, developed ways to give indirect effect to Chapter II objectives through interpretation of justiciable rights.

Conclusion

Constitutional adjudication in Nigeria ensures the supremacy of the Constitution and the protection of fundamental rights. The courts exercise original and appellate jurisdiction over constitutional questions, applying principles of liberal interpretation to give effect to constitutional purposes. The distinction between justiciable and non-justiciable provisions defines the boundaries of judicial power in constitutional matters.