Supremacy of the Constitution

Subject: Civic Education | Class: JSS 3

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1. Core Concepts

What is the Supremacy of the Constitution?

The Constitution is the highest law of a country. Every other law, government action, and public official's decision must agree with it. The 1999 Constitution (as amended) of the Federal Republic of Nigeria is Nigeria's supreme law.

Key Provisions

• Section 1(1): The Constitution is supreme, and its provisions bind all authorities and persons throughout Nigeria.
• Section 1(3): Any law that conflicts with the Constitution is void to the extent of that conflict.

This means no law, policy, or decision can override the Constitution.

Why It Matters

• It protects citizens' fundamental rights, such as freedom of speech, religion, and movement.
• It limits government power, so no leader can act beyond the powers the Constitution gives them.
• It ensures order and consistency in the legal system.

Checks and Balances

Courts have the power to declare laws or actions unconstitutional. The Supreme Court is the final authority on constitutional interpretation.

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2. A Balanced View

Strengths:

• It guarantees fairness, since everyone, including leaders, is subject to the same law.
• It provides stability, because rules do not change with every government.

Limitations:

• Amending the Constitution is difficult, so it may not always keep pace with social change.
• Disputes over interpretation can lead to lengthy court cases.

A strong constitution must be both respected and flexible enough to be improved through proper amendment procedures.

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3. Real-World Example

Suppose a state government passes a law that bans citizens from holding peaceful public meetings without any valid reason. Citizens may challenge this law in court. Because the Constitution guarantees freedom of assembly, the court can declare the state law void. The Constitution's supremacy protects citizens even from their own government.

Home practice: Ask a family member to name one right they value most, then find where it is protected in the Constitution with your teacher or a school library copy.

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4. Practice and Reflection

1. Explain in your own words why no law can override the Constitution.
2. Why do you think it is important that even the President and state governors must obey the Constitution?