term paper on 1960 independence constitution

ABSTRACT The Independence Constitution of 1960 and the Republican Constitution of 1963 have provisions for the protection of fundamental human rights. The 1979 and the 1999 constitutions went further by providing a bill of right. This entrenchment of human right provisions in our constitutions was aimed at creating a society which protects political freedom as well as the social and economic well-being of Nigerians. However, despite the guarantee of fundamental rights and liberties in the Nigerian constitutions since 1960, the country has had the misfortune of military interruption in its polity. This had profound and far reaching effects on the promotion and protection of democratic values such as freedom of expression among Nigerians. This study examines the legal framework within which freedom of expression is practiced in Nigeria due to that fact that concepts such as freedom of expression are subject to various philosophical interpretations. It gives insight into the genesis of right of expression in the modern jurisprudence and provides a proper conceptual framework of human right from which freedom of expression is derivable. The study also examines the judicial attitudes in Nigeria in interpreting the subject matter. Furthermore, some limitations to right to expression which are premised in substantive and procedural laws are also considered. The practical relevance of social justice in the enforcement of this right in Nigerian also forms part of the study. INTRODUCTION Nigeria's first constitutions were enacted by order in council during the colonial era, when the country was administered as a Crown Colony. The constitutions enacted during this period were those of 1913 (which came into effect on 1 January 1914), 1922, 1946, 1951 and 1954. In 1946 a new constitution was approved by Westminster and promulgated in Nigeria. Although it reserved effective power in the hands of the Governor-General and his appointed Executive Council, the so-called Richards Constitution (after Governor-General Sir Arthur Richards, who was responsible for its formulation) provided for an expanded Legislative Council empowered to deliberate on matters affecting the whole country. Separate legislative bodies, the houses of assembly, were established in each of the three regions to consider local questions and to advise the lieutenant governors. The introduction of the federal principle, with deliberative authority devolved on the regions, signaled recognition of the country's diversity. Although realistic in its assessment of the situation in Nigeria, the Richards Constitution undoubtedly intensified regionalism as an alternative to political unification. The pace of constitutional change accelerated after the promulgation of the Richards Constitution. It was suspended in 1950 against a call for greater autonomy, which resulted in an inter-parliamentary conference at Ibadan in 1950. The conference drafted the terms of a new constitution. The so-called Macpherson Constitution, after the incumbent Governor-General, John Stuart Macpherson, went into effect the following year. The most important innovations in the new charter reinforced the dual course of constitutional evolution, allowing for both regional autonomy and federal union. By extending the elective principle and by providing for a central government with a Council of Ministers, the Macpherson Constitution gave renewed impetus to party activity and to political participation at the national level. But by providing for comparable regional governments exercising broad legislative powers, which could not be overridden by the newly established 185-seat federal House of Representatives, the Macpherson Constitution also gave a significant boost to regionalism. Subsequent revisions contained in the Lyttleton Constitution, named for Oliver Lyttelton,1st Viscount Chandos and enacted in 1954, firmly established the federal principle and paved the way for independence. PARLIAMENTARY SYSTEM “Parliamentary system of government means a prime minister is the head of government, and the president is the head of state. The PM is chosen by a party, not directly by the people. In Britain, for example, the Queen/King is the Head of State, while the PM is being chosen by the party that wins the majority of the votes, or through coalition. “Until the January 1966 coup of Nigeria, Nigeria was practicing parliamentary system of government. Nnamdi Azikiwe was the President then, while Tafawa Balewa was the first and the only Prime Minister that Nigeria has ever had. It was a coup d’etat by renegade Nigerian Military officers that jettisoned the system and subsequently lead to the changing of system of government in Nigeria from parliamentary to presidential. “Unlike presidential, parliamentary system of government is less costly, as the PM and other ministers are ‘part-time workers’. While in presidential system, there are senior and junior full-time ministers. Also, the government is answerable to the Congress, unlike in Nigeria, where resolution of the National Assembly is useless. The parliamentary system is more suitable for multi-cultured countries like Nigeria, where regions can back a party based on their tribal and regional inclination. “The procedure for removing a president is much easier in a parliamentary system. Once the PM loses a vote of confidence or his coalition partners pull off, then the government falls. But in the presidential system, there have to be a two-third majority in votes even before the trial commences. The president is called for a hearing, a committee is set by the chief justice, the report will come back to the National Assembly before the impeachment continues. This is too enormous in case of urgency. “Nigeria is a country where tribal, regional, and party sentiments surpass nationalism and patriotism. A tribal chauvinist is more honored than a nationalist. How can people of South-East continue to love Ojukwu – who intended to divide Nigeria – more than Gen T. Y Danjuma, Gowon and Buhari who fought for Nigeria’s unity? If Nigeria’s inclination is through tribal sentiments, then the parliamentary system is better for us. “If the parliamentary system is not be allowed to come back, why not consider adopting the Swiss style of government? In Switzerland, the parliament chooses people from major tribes (in the case of Nigeria), or regions. Each person will govern the country for a year, and then step down and become a minister. Thus, all hosen candidates do their single-year term before being replaced with other people. “Nigeria needs a better system of government. This federal style is not working at all, favouring the looters, undermining the will of the people. “I call on the National Assembly to bring back our parliamentary system through a referendum, or adopt the Swiss style of government in Nigeria. If either of the two is accepted and implemented well, that will help solve regional, tribal and sectarian struggles, also conflict for gaining upper hand in power in Nigeria.” The Federation of Nigeria was granted full independence on 1 October 1960 under a constitution that provided for a parliamentary government and a substantial measure of self-government for the country's three regions. From 1959 to 1960, Jaja Wachuku was the First Nigerian Speaker of the Nigerian Parliament - also called the "House of Representatives." Jaja Wachuku replaced Sir Frederick Metcalfe of Britain. Notably, as First Speaker of the House, Jaja Wachuku received Nigeria's Instrument of Independence - also known as Freedom Charter - on 1 October 1960, from Princess Alexandra of Kent, The Queen's representative at the Nigerian independence ceremonies. The Federal government was given exclusive powers in defense, foreign relations, and commercial and fiscal policy. The monarch of Nigeria was still head of state but legislative power was vested in a bicameral parliament, executive power in a prime minister and cabinet, and judicial authority in a Federal Supreme Court. Political parties, however, tended to reflect the make up of the three main ethnic groups. The Nigerian People's Congress (NPC) represented conservative, Muslim, largely Hausa and Fulani interests that dominated the Northern Region. The northern region of the country, consisting of three-quarters of the land area and more than half the population of Nigeria.[23] Thus the North dominated the federation government from the beginning of independence. In the 1959 elections held in preparation for independence, the NPC captured 134 seats in the 312-seat parliament. Capturing 89 seats in the federal parliament was the second largest party in the newly independent country the National Convention of Nigerian Citizens (NCNC). The NCNC represented the interests of the Igbo- and Christian-dominated people of the Eastern Region of Nigeria.[23] and the Action Group (AG) was a left-leaning party that represented the interests of the Yoruba people in the West. In the 1959 elections the AG obtained 73 seats. The first post-independence national government was formed by a conservative alliance of the NCNC and the NPC. Upon independence, it was widely expected that Ahmadu Bello the Sardauna of Sokoto, the undisputed strong man in Nigeria who controlled the North, would become Prime Minister of the new Federation Government. However, Bello chose to remain as premier of the North and as party boss of the NPC, selected Sir Abubakar Tafawa Balewa, a Hausa, to become Nigeria's first Prime Minister. However, in 1962, a faction arose within the AG under the leadership of Ladoke Akintola who had been selected as premier of the West. The Akintola faction argued that the Yoruba peoples were losing their pre-eminent position in business in Nigeria to people of the Igbo tribe because the Igbo-dominated NCNC was part of the governing coalition and the AG was not. The federal government Prime Minister, Balewa agreed with the Akintola faction and sought to have the AG join the government. The party leadership under Awolowo disagreed and replaced Akintola as premier of the West with one of their own supporters. However, when Western Region parliament met to approve this change, Akintola supporters in the parliament started a riot in the chambers of the parliament.[25] Fighting between the members broke out. Chairs were thrown and one member grabbed the parliamentary Mace and wielded it like a weapon to attack the Speaker and other members. Eventually, the police with tear gas were required to quell the riot. In subsequent attempts to reconvene the Western parliament, similar disturbances broke out. Unrest continued in the West and contributed to the Western Region's reputation for, violence, anarchy and rigged elections. Federal Government Prime Minister Balewa declared martial law in the Western Region and arrested Awolowo and other members of his faction charged them with treason. Akintola was appointed to head a coalition government in the Western Region. Thus, the AG was reduced to an opposition role in their own stronghold. INDEPENDENCE CONSTITUTION (1960) Nigeria's first constitution as a sovereign state was enacted by a United Kingdom|British order in council so as to come into force immediately upon independence, on 1 October 1960. Under this constitution Nigeria retained Queen Elizabeth II as titular head of state. Persons who become citizens on October 1, 1960 7.--(1) Every person who, having been born in the former Colony or Protectorate of Nigeria, was on the thirtieth day of September, 1960, a citizen of the United Kingdom and Colonies or a British protected person shall become a citizen of Nigeria on the first day of October, 1960: Provided that a person shall not become a citizen of Nigeria by virtue of this subsection if neither of his parents nor any of his grandparents was born in the former Colony or Protectorate of Nigeria. (2) Every person who, having been born outside the former Colony and Protectorate of Nigeria, was on the thirtieth day of September, 1960, a citizen of the United Kingdom and Colonies or a British protected person shall, if his father was born in the former Colony or Protectorate and was a citizen of the United Kingdom and Colonies or a British protected person on the thirtieth day of September, 1960, (or, if he died before that date, was such a citizen or person at the date of his death or would have become such a citizen or person but for his death) become a citizen of Nigeria on the first day of October, 1960. Persons entitled to be registered as citizens 8.--(1) Any person who, but for the proviso to subsection (1) of section 7 of this Constitution, would be a citizen of Nigeria by virtue Of that subsection shall be entitled, upon making application before the first day of October, 1962, in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria: Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian. (2) Any woman, who on the thirtieth day of September, 1960, was a citizen of the United Kingdom and Colonies or a British protected person and who is or has been married to a person-- (a) who becomes a citizen of Nigeria by virtue of section 7 of this Constitution; or (b) who, having died before the first day of October, 1960, would, but for his death, have become a citizen of Nigeria by virtue of that section, shall be entitled, upon making application in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria. (3) Any woman who is or has been married to a person who becomes a citizen of Nigeria by registration under subsection (1) of this section and is at the date of such registration a citizen of the United Kingdom and Colonies or a British protected person shall be entitled, upon making application within such time and in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria. (4) Any woman who on the thirtieth day of September, 1960, was a citizen of the United Kingdom and Colonies or a British protected person and who has been married to a person who, having died before the first day of October, 1960, would, but for his death, be entitled to be registered as a citizen of Nigeria under subsection (1) of this section, shall be entitled, upon making application before the first day of October, 1962, in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria. (5) The provisions of subsections (2), (3) and (4) of this section shall be without prejudice to the provisions of section 7 of this Constitution. Persons naturalised or registered before October 1, 1960 9. Any person who on the thirtieth day of September, 1960, was a citizen of the United Kingdom and Colonies - (a) having become such a citizen under the British Nationality Act, 1948, by virtue of his having been naturalised in the former Colony or Protectorate of Nigeria as a British subject before that Act came into force; or (b) having become such a citizen by virtue of his' having been naturalised or registered in the former Colony or Protectorate of Nigeria under that Act, shall be entitled, upon making application before the first day of October, 1962, in such manner as may be prescribed by Parliament, to be registered as a citizen of Nigeria: Provided that a person who has not attained the age of twenty-one years (other than a woman who is or has been married) may not make an application under this subsection himself but an application may be made on his behalf by his parent or guardian. Persons born in Nigeria after September 30, 1960 10. Every person born in Nigeria after the thirtieth day of September, 1960, shah become a citizen of Nigeria at the date of his birth: Provided that a person shall not become a citizen of Nigeria by virtue of this section if at the time of his birth - (a) neither of his parents was a citizen of Nigeria and his father possessed such immunity from suit and legal process as is accorded to an envoy, of a foreign sovereign power accredited to the Federation; or (b) his father was an enemy alien and the birth occurred in a place then under occupation by the enemy. Persons born outside Nigeria after September 30, 1960 11. A person born outside Nigeria after the thirtieth day of September, 1960, shall become a citizen of Nigeria at the date of his birth if at that date his father is a citizen of Nigeria otherwise than by virtue of this section or subsection (2) of section 7 of this Constitution. 12, Any person who, upon his attainment of the age of twenty-one years, was a citizen of Nigeria and also a citizen of some country other than Nigeria shall cease to be a citizen of Nigeria upon his attainment of the age of twenty-two years (or, in the case of a person of unsound mind, at such later date as may be prescribed by Parliament) unless he has renounced his citizenship of that other country, taken the oath of allegiance and, in the case of a person. who is a citizen of Nigeria by virtue of subsection (2) of section 7 of this Constitution, has made such declaration of his intentions concerning residence or employment as may be prescribed by Parliament: Provided that where a person cannot renounce his citizenship of the other country under the law of that country he may instead make such declaration concerning that citizenship as may be, prescribed by Parliament. Commonwealth citizens 13. - (1) Every person who under this Constitution or any Act of Parliament is a citizen of Nigeria or under any enactment for the time being in force in any country to which this section applies is a citizen of that country shall, by virtue of that citizenship, have the status of a Commonwealth citizen. (2) Every person who is a British subject without citizenship under the British Nationality Act, 1948, or who continues to be a British subject under section 2 of that Act shah by virtue of that status have the status of a Commonwealth citizen. (3) The countries to which this section applies are the United Kingdom and Colonies, Canada, Australia, New Zealand, the Union of South Africa, India, Pakistan, the Federation of Rhodesia and Nyasaland, Ceylon, (Ghana, the Federation of Malaya, the State of Singapore and such other countries as may be prescribed by Parliament. Criminal liability of Commonwealth citizens 14. -(1) A Commonwealth citizen who is not a citizen of Nigeria or a citizen of the Republic of Ireland who is not a citizen of Nigeria shall not be guilty of an offence against any law in force in Nigeria by reason of anything done or omitted in any part of the Commonwealth other than Nigeria or in the Republic of Ireland or in any foreign country unless- (a) the act or omission would be an offence if he were an alien; and (b) in the case of an act or omission in any part of the Commonwealth or in the Republic of Ireland, it would be an offence if the country in which the act was done or the omission made were a foreign country. (2) In this section "foreign country' means a country (other than the Republic of Ireland) that is not part of the Commonwealth. Powers of Parliament 15. Parliament may make provision— (a) for the acquisition of citizenship of Nigeria by persons who do not become citizens of Nigeria by virtue of the provisions of this Chapter; (b) for depriving of his citizenship of Nigeria any person who is a citizen of Nigeria otherwise than by virtue of subsection (1) of section 7 or section 10 of this Constitution; or (c) for the renunciation by any person of his citizenship of Nigeria. Interpretation 16. - (1) In this Chapter-'' alien" means a person who is not a citizen of Nigeria, a Commonwealth citizen other than a citizen of Nigeria, a British protected person or a citizen of the Republic of Ireland; "British protected person" means a person who is a British protected person for the purposes of the British Nationality Act, 1948. (2) For the purposes of this Chapter a person born in a ship or aircraft registered in Nigeria or belonging to the Government of the Federation shall be deemed to have been born in Nigeria. (3) Any reference in this Chapter to the national status of the father of a person at the time of that person's birth shall, in relation to a person born after the death of his father, be construed as a reference to the national status of the father at the time of his father's death; and where that death occurred before the first day of October, 1960, and the birth occurred after the thirtieth day of September, 1960, the national status that the father would have had if he had died on the first day of October, 1960, shah be deemed to be his national status at the time of his death. FUNDAMENTAL RIGHTS Deprivation of life 17. - (1) No person shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty. (2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable--- (a) for the defence of any person from violence or for the defence of property; (b) in order to effect an arrest or to prevent the escape of a person detained; (c) for the purpose of suppressing a riot, insurrection or mutiny; or (d) in order to prevent the commission by that person of a criminal offence. (3) The use of force in any part of Nigeria in circumstances in which and to the extent to which it would have been authorised in that part on the first day of November, 1959, by the Code of Criminal Law established by the Criminal Code Ordinance 2, as amended, shall be regarded as reasonably justifiable for the purposes of this section. Inhuman treatment 18. - (1) No person shall be subjected to torture, or to inhuman or degrading punishment or other treatment. (2) Nothing in this section shall invalidate any law by reason only that it authorises the infliction in any part of Nigeria of any punishment that was lawful and customary in that part on the first day of November, 1959. Slavery and forced labour 19. (1) No person shall be held in slavery or servitude. (2) No person shall be required to perform forced labour. (3) For the purposes of this section "forced labour" does not include- (a) any labour required in consequence of the sentence or order of a court; (b) any labour required of members of the armed forces of the Crown in pursuance of their duties as such or, in the case of persons who have conscientious objections to service in the armed forces, any labour required instead of such service; (c) any labour required in the event of an emergency or calamity threatening the life or well-being of the community; or (d) any labour that forms part of normal communal or other civil obligations. 20. - (1) No person shall be deprived of his personal liberty save in the following cases and in accordance with a procedure permitted by law- (a) in consequence of his unfitness to plead to a criminal charge, in execution of the sentence or order of a court in respect of a criminal offence of which he has been found guilty or in the execution of the order of a court of record punishing him for contempt of itself; (b) by reason of his failure to comply with the order of a court or in order to secure the fulfilment of any obligation imposed upon him by law; (c) for the purpose of bringing him before a court in execution of the order of a court or upon reasonable suspicion of his having committed a criminal offence or to such extent as may be reasonably necessary to prevent his committing a criminal offence; (d) in the case of a person who has not attained the age of twenty-one years, for the purpose of his education or welfare; (e) in the case of persons suffering from infectious or contagious disease, persons of unsound mind, persons addicted to drugs or alcohol or vagrants, for the purpose of their care or treatment or the protection of the community; or (f) for the purpose of preventing the unlawful entry of any person into Nigeria or for the purpose of effecting the expulsion, extradition or other lawful removal from Nigeria of any person or the taking of proceedings relating thereto. (2) Any person who is arrested or detained shall be promptly informed, in language that he understands, of the reasons for his arrest or detention. (3) Any person who is arrested or detained in accordance with paragraph (c) of subsection (1) of this section shall be brought before a court without undue delay and if he is not tried within a reasonable time he shall (without prejudice to any further proceedings that may be brought against him) be released either unconditionally or upon such conditions as are reasonably necessary to ensure that he appears for trial at a later date (4) Any person who is unlawfully arrested or detained shall be entitled to compensation. Provided that nothing in this subsection shall invalidate any law by reason only that it confers on any person or authority power to determine questions arising in the administration of a law that affect or may affect the civil rights and obligations of any person. (2) Whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing within a reasonable time by a court. (3) The proceedings of a court or the proceedings of any tribunal relating to the matters mentioned in subsection (1) of this section (including the announcement of the decisions of the court or tribunal) shall be held in public: Provided that – (a) a court or such a tribunal may exclude from its proceedings persons other than the parties thereto in the interests of defence, public safety, public order, public morality, the welfare of persons who have not attained the age of twentyone years, the protection of the private lives of the parties or to such extent as it may consider necessary by reason of special circumstances in which publicity would be contrary to the interests of justice; and (b) if in any proceedings before a court or such a tribunal a Minister of the Government of the Federation or a Minister of the Government of a Region certifies that it would not be in the public interest for any matter to be publicly disclosed, the court or tribunal shall make arrangements for evidence relating to that matter to be heard in camera and shall take such other action as may be necessary or expedient to prevent the disclosure of the matter. (4) Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty: Provided that nothing in this section shall invalidate any law by reason only that the law imposes upon any such person the burden of proving particular facts. (5) Every person who is charged with a criminal offence shall be entitled - (a) to be informed promptly, in language that he understands and in detail, of the nature of the offence: (b) to be given adequate time and facilities for the preparation of his defence; (c) to defend himself in person or by legal representatives of his own choice; (d) to examine in person or by his legal representatives the witnesses called by the prosecution before any court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to the witnesses called by the prosecution; and (e) to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the offence: Provided that nothing in this subsection shall invalidate any law by reason only that the law prohibits legal representation in a court established by or under the Native Courts Law, 1956, the Sharia Court of Appeal Law, 1960, or the Court of Resolution Law, 1960, of Northern Nigeria, the Customary Courts Law, 1957, of Western Nigeria,4 or the Customary Courts Law, 1956, of Eastern Nigeria,5 as amended, or any law replacing any of those laws. (6) When any person is tried for any criminal offence, the court shah keep a record of the proceedings and the accused person or any person authorised by him in that behalf shall be entitled to obtain copies of the record within a reasonable time upon payment of such fee as may be prescribed by law. (7) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence and no penalty shall be imposed for any criminal offence heavier than the penalty in force at the time the offence was committed. (2) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society(a) in the interest of defence, public safety, public order, public morality, public health or the economic well-being of the community; or (b) for the purpose of protecting the rights and freedom of other persons. freedom of conscience 23.---(1) Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief and freedom, either alone or in community with others, and in 3 Laws No. 6 of 1956 and Nos. 16 and 17 of 1960. 4 Law No. 26 of 1957. 5 Law No. 21 of 1956. public or in private to manifest and propagate his religion or belief in worship, teaching, practice and observance. (2) No person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observances if such instruction, ceremony or observances relate to a religion other than his own. (3) No religious community or denomination shall be prevented from providing religious instruction for pupils of that community or denomination in any place of education maintained wholly by that community or denomination. (4) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society- (a) in the interest of defence, public safety, public order, public morality or public health; or (b) for the purpose of protecting the rights and freedom of other persons, including their rights and freedom to observe and practise their religions without the unsolicited intervention of members of other religions. Freedom of expression 24.~(1) Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference. (2) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society- (a) in the interest of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the rights, reputations and freedom of other persons, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts or regulating telephony, wireless broadcasting, television, or the exhibition of cinematograph films; or (c) imposing restrictions upon persons holding office under the Crown, members of the armed forces of the Crown or members of a police force. Peaceful assembly and association 25.~(1) Every person shall be entitled to assemble freely and associate with other persons and in particular he may form or belong to trade unions and other associations for the protection of his interests. (2) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society-- (a) in the interest of defence, public safety, public order, public morality or public health; (b) for the purpose of protecting the rights and freedoms of other persons; or (c) imposing restrictions upon persons holding office under the Crown, members of the armed forces of the Crown or members of a police force. Freedom of movement 26. - (1) Every citizen of Nigeria is entitled to move freely throughout Nigeria and to reside in any part thereof; and no citizen of Nigeria shall be expelled from Nigeria or refused entry thereto. (2) Nothing in this section shall invalidate any law that is reasonably justifiable in a democratic society-- (a) restricting the movement or residence of any person within Nigeria in the interest of defence, public safety, public order, public morality or public health; (b) for the removal of persons from Nigeria to be tried outside Nigeria for criminal offences or to undergo imprisonment outside Nigeria in execution of the sentences of courts in respect of criminal offences of which they have been found guilty; (3) Nothing in this section shall invalidate any law by reason only that the law imposes-restrictions with respect to the acquisition or use by any person of land or other property in Nigeria or any part thereof. Freedom from discrimination 27. - (1) A citizen of Nigeria of a particular community, tribe, place of origin, religion or political opinion shall not, by reason only that he is such a person- (a) be subjected either expressly by, or in the practical application of, any law in force in Nigeria or any executive or administrative action of the Government of the Federation or the Government of a Region to disabilities or restrictions to which citizens of Nigeria of other communities, tribes, places of origin, religions or political opinions are not made subject; or (b) be accorded either expressly by, or in the practical application of, any law in force in Nigeria or any such executive or administrative action any privilege or advantage that is not conferred on citizens of Nigeria of other communities, tribes, places of origin, religions or political opinions. (2) Nothing in this section shall invalidate any law by reason only that the law-- (a) prescribes qualifications for service in an office under the Crown or as a member of the armed forces of the Crown or a member of a police force or for the service of a body corporate established directly by any law in force in Nigeria; (b) imposes restrictions with respect to the appointment of any person to an office under the Crown or as a member of the armed forces of the Crown or a member of a police force or to an office in the service of a body corporate established directly by any law in force in Nigeria; Derogations from fundamental rights 28. - (1) An Act of Parliament shall not be invalid by reason only that it provides for the taking, during periods of emergency, of measures that derogate from the provisions of section 17, 20, 21 or 27 of this Constitution but no such measures shall be taken in pursuance of any such Act during any period of emergency save to the extent that those measures are reasonably justifiable for the purpose of dealing with the situation that exists during that period of emergency: Provided that nothing in this section shall authorise any derogation from the provisions of section 17 of this Constitution except in respect of deaths resulting from acts of war or any or any derogation from the provisions of subsection (7) of section 21 of this Constitution. (2) In this section "period of emergency" means a period of emergency for the purposes of section 65 of this Constitution. Reference to tribunal in certain cases 29. – (1) Where - (a) any person is detained in pursuance of an Act of Parliament derogating from the provisions of section 20 of this Constitution; or (b) the movement or residence of any person within Nigeria who is a citizen of Nigeria is lawfully restricted (otherwise than by order of a court) in the interest of defence, public safety, public order, public morality or public health, that person shall be entitled to require that his case should be referred within one month of the beginning of the period of detention or restriction and thereafter during that period at intervals of not more than six months to a tribunal established by law and that tribunal may make recommendations concerning the necessity or expediency of continuing the detention or restriction to the authority that has ordered it: Provided that such authority, unless it is otherwise provided by law, shall not be obliged to act in accordance with any such recommendation. Compulsory acquisition of property 30. - (1) No property, movable or immovable, shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except by or under the provisions of a law that- (a) requires the payment of adequate compensation therefor; and (b) gives to any person claiming such compensation a right of access, for the determination of his interest in the property and the amount of compensation, to the High Court having jurisdiction in that part of Nigeria. (2) Nothing in this section shall affect the operation of any law in force on the thirty-first day of March, 1958, or any law made after that date that amends or replaces any such law and does not- (a) add to the kinds of property that may be taken possession of or the rights over and interests in property that may be acquired; (b) add to the purposes for which or circumstances in which such property may be taken possession of or acquired; (c) make the conditions governing entitlement to any compensation or the amount thereof less favourable to any person owning or interested in the property; or (d) deprive any person of any such right as is mentioned in paragraph (b) of subsection (1) of this section. (3) Nothing in this section shall be construed as affecting any general law- (a) for the imposition or enforcement of any tax, rate or due; (b) for the imposition of penalties or forfeitures for breach of the law, whether under civil process or after conviction of an offence; (c) relating to leases, tenancies, mortgages, charges, bills of sale or any other rights or obligations arising out of contracts; (d) relating to the vesting and administration of the property of persons adjudged or otherwise declared bankrupt or insolvent, of persons of unsound mind, of deceased persons and of companies, other bodies corporate and unincorporate societies in the course of being wound up; (e) relating to the execution of judgments or orders of courts; (f) providing for the taking of possession of property that is in a dangerous state or is injurious to the health of human beings, plants or animals; (4) The provisions of this section shall apply in relation to the compulsory taking of possession of property, movable or immovable, and the compulsory acquisition of rights over and interests in such property by or on behalf of the Crown. Special jurisdiction of High Courts in relation to this Chapter 31. - (1) Any person who alleges that any of the provisions of this Chapter has been contravened in any territory in relation to him may apply to the High Court of that territory for redress. (2) Subject to the provisions of section 108 of this Constitution, the High Court of a territory shall have original jurisdiction to hear and determine any application made to it in pursuance of this section and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcing, or securing the enforcement, within that territory of any rights to which the person who makes the application may be entitled under this Chapter. (3) Parliament may make provision with respect to the practice and procedure of the High Courts of the territories for the purposes of this section and may confer upon those courts such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling those courts more effectively to exercise the jurisdiction conferred upon them by this section. Interpretation 32. In this Chapter, unless it is otherwise expressly provided or required by the context - "court" means any court of law in Nigeria (other than a court-martial) and includes Her Majesty in Council: Provided that, in relation to a member of the armed forces of the Crown, it also includes a court-martial; "law" includes an unwritten rule of law; "member of the armed forces of the Crown" includes any person who is subject to naval, military or air-force law; "member of a police force" includes a person who is subject to any law relating to the discipline of a police force. CONCLUSION The point has been made that right from the colonial period, Nigeria has had a plethora of constitutions. Starting from the 1914 initiative of Lord Lugard to the Independence constitution, the people of Nigeria were hardly involved in the drafting of their constitutions. We opined that the colonial state used constitution drafting to consolidate imperial strategies. The post-colonial period does not look promising. Post-colonial Nigeria until recently was dominated by the military who in a bid to earn legitimacy had drafted one form of constitution or the other. The current 1999 constitution is characterized by a number of deficiencies that have inevitably led to a clamour for its disuse. For one, it has all the trappings of a unitary constitution. The concept of federalism as embedded in the constitution is only a paid lip service. Nevertheless, the document may not be perfect, but it signals a starting point. In due course, it would be amended to reflect the views of Nigerians. In this process, it would fulfill one of the attributes of a constitution, which is that it should reflect the ethos of the people. REFERENCES  Adeyemi, O. (2012), The Nigerian State and Politics of State and Local Government Creation: A Critical Appraisal, Ile-Ife: FUNKTOB  Ake, C. (1981), The Political economy of Africa: Harlow: Longman Publishers Ltd.  Anozie, M. (2000). Notes on Nigerian Constitutional Law, Revised edition, Enugu: Pymonak Printing and Publishing Co.  Asogwa, F (2012) ‘Political, Democracy and Development of Nigeria’, Journal of Nigerian Government and Politics Vol. 4 No.1, March, pp. 5-8.  Baker, E. (1962). The politics of Aristotle, New York: Oxford University Press.  Dyke, V. (1960). Political Science: A Philosophical Analysis, California: Stanford University Press.  Easton, D. (1957). ‘An Approach to the Analysis of Political Systems’ Vol. 9. p. 383.  Guidelines for Local Government Reform (1976) Lagos: Federal Government of Nigeria Press, p.1  Idike, A (1995) ‘Constitutional / legal Basis of Local Government  Lasswell, H. (1960) Politics: Who Gets What and How, New York: Free Press House.  Natufe, O. (2006) ‘Nigeria’s presidency: the issue’. http://www.okpention.org p.18.  Obianyo, N. (2005) ‘Federalism, Constitutionalism and local government system in Nigeria: the need for constitutional amendment’ in Alli, W. (ed.) Political reform conference, federalism and national question, Lagos: Nigerian Political Science Association.  Ofoegbu, G. (1999) Modern Government for Senior Secondary Schools in West Africa, Onitsha: Mas Founders Publications, Ltd.  Ogiribo, L. (2006) ‘Constitutional Issues involved in the creation of New Local Government Areas in Nigeria’ Delsu Journal of Jurisprudence and international law, Volume 1, No.1, p.204.  Olisa, M. et al (1990) Government for Senior Secondary Schools, Onitsha: Africana Publishers.  Pullno, K. (2001) ‘Issues in Local Government System’, Australian Journal of Administration and governance. Retrieved on 06/09/12 from www.autra/admn/nr.org/fl  The 1999 Constitution of the Federal Republic of Nigeria (as amended), Abuja: Federal Government Printer.  The 1999 Constitution of the Federal Republic of Nigeria; Apapa: Times Press Ltd.