FEDERAL UNIVERSITY WUKARI
FACULTY OF LAW
CONSTITUTIONAL LAW 1 (NOTES II)
2021/2022 ACADEMIC SESSION
CODE: LAW 201
BY
THANKGOD OKEOKWO ESQ.
1. DEFINITION OF CONSTITUTION AND CONSTITUTIONAL LAW
1.1 DEFINITION OF CONSTITUTION
The Constitution is the document from which all persons and authority act and
beyond which no person or authority can legitimately and lawfully act. It is that
instrument which guides all other instruments and which cannot be overtaken by
any instrument or act. It is called the “fons et origo”1, “the organic law or
groundnorm of the people.”2 The Constitution of a country is “a legal instrument
giving rise amongst other things to individual rights capable of enforcement in a
court of law”3. Uwaifo JSC in the case of AG Ondo State v AG Fed &35 ors4 said
inter alia
1
Miscellaneous Offences Tribunal v Okoroafor (2001)3PLR 217 (SC) per Karibi-Whyte JSC <
https://judgements.lawnigeria.com/2018/07/05/3plr-misc-offences-tribunal-v-okoroafor/ >accessed 3 June 2022.
2
PDP v INEC (2001)FWLR (Pt. 31)2735.
3
Minister of Home Affairs v Fisher (1980)AC 319.
4
AG Ondo v AG Fed (2002) 9 NWLR (Pt.772)222
1
Course Title: Constitutional Law 1. Course Code: LAW 201. [Notes II] by ThankGod Okeokwo Esq.
, It must be recognized that our Constitution is an organic instrument
which confers powers and also creates rights and limitations. It is the
supreme law in which certain first principles of fundamental nature
are established. Once the powers, rights and limitations under the
Constitution are identified as having been created, their existence
cannot be disputed in a court of law. But their extent and
implications may be sought to be interpreted and explained by the
court in cases properly brought before it. All agencies of government
are organs of its initiative whose powers are derived either directly
from the Constitution or from laws enacted thereunder. They
therefore stand in relationship to the Constitution as it permits of
their existence and functions.5
The Constitution permits the existence or non-existence of organs of government
and the extent of their functions, powers and the exercise of same. The constitution
recognizes a thing and acknowledges its existence, such thing or person cannot be
denied of such existence which the constitution had contemplated. According to
Ogwuegbu JSC, in AG Ondo v AG Fed supra “A Constitution is an instrument of
government under which laws are made and not mere Acts or Laws.”6 Udo Udoma,
JSC, said “The function of a constitution is to establish a framework and principles
of government, broad and general in terms intended to apply to the varying
conditions of which the development of our several communities must evolve.”7
“The constitution of a country is its fundamental law, the fons et origo of all laws,
the exercise of all powers, and the source from which all laws, institutions and
persons derive their authority.” This definition was given by Karibi-Whyte JSC in
the case of Miscellaneous Offences Tribunal v Okoroafor. The constitution of
country creates institutions, offices, persons and powers/functions under which the
country should be run. A good Constitution should be the original act of the people
5
Per Uwaifo JSC in AG Ondo v AG Fed (2002)418-419.
6
AG Ondo v AG Fed (2002) FWLR (Pt.111) 1971, 2100.
7
Rabiu v The State (1980) 8-11 SC 130, 148.
2
Course Title: Constitutional Law 1. Course Code: LAW 201. [Notes II] by ThankGod Okeokwo Esq.
,to make it autochthonous. This principle is reflected in the preamble to the 1979
and 1999 Constitutions of the Federal Republic of Nigeria. See the Preamble to the
1999 Constitutions.8
For constitutional lawyers,9 Constitution implies the system of Law and
government by which the affairs of a modern state are administered. It is also
Constitution is the document that embodies the steps that determine how we do
things in the society; it is essentially the embodiment of the fundamental rules,
principle and institutions which constitute the political affairs of the state.
Constitution means the ultimate source of origin upon which the whole body of
governmental apparatus or system derives its validity, its origin and strength. A
constitution means a document having a special legal sanctity which sets out the
framework and the principal functions of the organs of government within the state,
and declares the principles by which those organs must operate.
There are propositions that the word Constitution should have a wider meaning.
The views of Bolingbroke in 1733 are that
By constitution, we mean whenever we speak with propriety and
exactness, that assemblage of laws, institutions and customs, derived
from certain fixed principles of reason; that compose the general
system, according to which the community had agreed to be
governed or in more modern words “Constitution in its wider sense
refers to the whole system of government of a country, the collection
of rules which establish and regulate or govern the government.
According to Lawrence Tribe (1978)
8
We the people of the Federal Republic of Nigeria: Having firmly and solemnly resolve: to live in unity and harmony as one
indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace,
international co-operation and understanding: And to provide for a Constitution for the purpose of promoting the good
government and welfare of all persons in our country, on the principles of freedom, equality and justice, and
for the purpose of consolidating the unity of our people. Do hereby make enact and give to ourselves the following Constitution.
9
C.A.J. Chinwo, Principles and Practice of Constitutional Law in Nigeria (second ed, Princeton & Associates, 2020)3.
3
Course Title: Constitutional Law 1. Course Code: LAW 201. [Notes II] by ThankGod Okeokwo Esq.
, the constitution is a historically discontinuous composition, it is the
product, overtime, of a series of not altogether coherent common
promises; it mirrors vision or philosophy but reflect instead a set of
sometimes reinforcing and sometimes conflicting ideas and notion
The above may be true of the American constitution, it is certainly not true of all
types especially in developing nations where constitution are often products or
heritage of colonial rule. The definitions given may reflect the constitution of the
country the writer lived or is describing. For instance constitution had been defined
as “set of rules that are not subject to the will of the sovereign authority in the state
and which has existed and must exists in any state worthy of the term constitution.”
Constitution also includes a document, having special legal sanctity, which sets out
the framework and the principal functions of the organs of government within the
state and declared the principle by which such organs must operate, rules which set
out the framework of government, postulates how it ought to operate and makes
declaration about purposes of the states, society and the rights and duties of
citizens…
“The constitution is the source, root and fountain of organizations, governments
and rules in modern societies. It is the constitutive document.”10 It is the source
from which other tributaries of laws, organization, authorities and persons draw
their functions, powers, duties, responsibilities and benefits. It is that document by
which other documents are made valid or invalid or that which if any document
becomes contrary to, that other document, to the extent of the inconsistency,
becomes void. Ben Nwabueze, defined constitution as “a mode of organizing a
state and its government.”11 According to the learned writer, it is a body of
10
C.A.J. Chinwo, Principles and Practice of Constitutional Law in Nigeria (second ed, Princeton & Associates, 2020)3.
11
Ben Nwabueze, Presidential Constitution of Nigeria, (C. Hurst and Company, London in association with Nwamife
Press, 1982) 7.
4
Course Title: Constitutional Law 1. Course Code: LAW 201. [Notes II] by ThankGod Okeokwo Esq.
FACULTY OF LAW
CONSTITUTIONAL LAW 1 (NOTES II)
2021/2022 ACADEMIC SESSION
CODE: LAW 201
BY
THANKGOD OKEOKWO ESQ.
1. DEFINITION OF CONSTITUTION AND CONSTITUTIONAL LAW
1.1 DEFINITION OF CONSTITUTION
The Constitution is the document from which all persons and authority act and
beyond which no person or authority can legitimately and lawfully act. It is that
instrument which guides all other instruments and which cannot be overtaken by
any instrument or act. It is called the “fons et origo”1, “the organic law or
groundnorm of the people.”2 The Constitution of a country is “a legal instrument
giving rise amongst other things to individual rights capable of enforcement in a
court of law”3. Uwaifo JSC in the case of AG Ondo State v AG Fed &35 ors4 said
inter alia
1
Miscellaneous Offences Tribunal v Okoroafor (2001)3PLR 217 (SC) per Karibi-Whyte JSC <
https://judgements.lawnigeria.com/2018/07/05/3plr-misc-offences-tribunal-v-okoroafor/ >accessed 3 June 2022.
2
PDP v INEC (2001)FWLR (Pt. 31)2735.
3
Minister of Home Affairs v Fisher (1980)AC 319.
4
AG Ondo v AG Fed (2002) 9 NWLR (Pt.772)222
1
Course Title: Constitutional Law 1. Course Code: LAW 201. [Notes II] by ThankGod Okeokwo Esq.
, It must be recognized that our Constitution is an organic instrument
which confers powers and also creates rights and limitations. It is the
supreme law in which certain first principles of fundamental nature
are established. Once the powers, rights and limitations under the
Constitution are identified as having been created, their existence
cannot be disputed in a court of law. But their extent and
implications may be sought to be interpreted and explained by the
court in cases properly brought before it. All agencies of government
are organs of its initiative whose powers are derived either directly
from the Constitution or from laws enacted thereunder. They
therefore stand in relationship to the Constitution as it permits of
their existence and functions.5
The Constitution permits the existence or non-existence of organs of government
and the extent of their functions, powers and the exercise of same. The constitution
recognizes a thing and acknowledges its existence, such thing or person cannot be
denied of such existence which the constitution had contemplated. According to
Ogwuegbu JSC, in AG Ondo v AG Fed supra “A Constitution is an instrument of
government under which laws are made and not mere Acts or Laws.”6 Udo Udoma,
JSC, said “The function of a constitution is to establish a framework and principles
of government, broad and general in terms intended to apply to the varying
conditions of which the development of our several communities must evolve.”7
“The constitution of a country is its fundamental law, the fons et origo of all laws,
the exercise of all powers, and the source from which all laws, institutions and
persons derive their authority.” This definition was given by Karibi-Whyte JSC in
the case of Miscellaneous Offences Tribunal v Okoroafor. The constitution of
country creates institutions, offices, persons and powers/functions under which the
country should be run. A good Constitution should be the original act of the people
5
Per Uwaifo JSC in AG Ondo v AG Fed (2002)418-419.
6
AG Ondo v AG Fed (2002) FWLR (Pt.111) 1971, 2100.
7
Rabiu v The State (1980) 8-11 SC 130, 148.
2
Course Title: Constitutional Law 1. Course Code: LAW 201. [Notes II] by ThankGod Okeokwo Esq.
,to make it autochthonous. This principle is reflected in the preamble to the 1979
and 1999 Constitutions of the Federal Republic of Nigeria. See the Preamble to the
1999 Constitutions.8
For constitutional lawyers,9 Constitution implies the system of Law and
government by which the affairs of a modern state are administered. It is also
Constitution is the document that embodies the steps that determine how we do
things in the society; it is essentially the embodiment of the fundamental rules,
principle and institutions which constitute the political affairs of the state.
Constitution means the ultimate source of origin upon which the whole body of
governmental apparatus or system derives its validity, its origin and strength. A
constitution means a document having a special legal sanctity which sets out the
framework and the principal functions of the organs of government within the state,
and declares the principles by which those organs must operate.
There are propositions that the word Constitution should have a wider meaning.
The views of Bolingbroke in 1733 are that
By constitution, we mean whenever we speak with propriety and
exactness, that assemblage of laws, institutions and customs, derived
from certain fixed principles of reason; that compose the general
system, according to which the community had agreed to be
governed or in more modern words “Constitution in its wider sense
refers to the whole system of government of a country, the collection
of rules which establish and regulate or govern the government.
According to Lawrence Tribe (1978)
8
We the people of the Federal Republic of Nigeria: Having firmly and solemnly resolve: to live in unity and harmony as one
indivisible and indissoluble sovereign nation under God, dedicated to the promotion of inter-African solidarity, world peace,
international co-operation and understanding: And to provide for a Constitution for the purpose of promoting the good
government and welfare of all persons in our country, on the principles of freedom, equality and justice, and
for the purpose of consolidating the unity of our people. Do hereby make enact and give to ourselves the following Constitution.
9
C.A.J. Chinwo, Principles and Practice of Constitutional Law in Nigeria (second ed, Princeton & Associates, 2020)3.
3
Course Title: Constitutional Law 1. Course Code: LAW 201. [Notes II] by ThankGod Okeokwo Esq.
, the constitution is a historically discontinuous composition, it is the
product, overtime, of a series of not altogether coherent common
promises; it mirrors vision or philosophy but reflect instead a set of
sometimes reinforcing and sometimes conflicting ideas and notion
The above may be true of the American constitution, it is certainly not true of all
types especially in developing nations where constitution are often products or
heritage of colonial rule. The definitions given may reflect the constitution of the
country the writer lived or is describing. For instance constitution had been defined
as “set of rules that are not subject to the will of the sovereign authority in the state
and which has existed and must exists in any state worthy of the term constitution.”
Constitution also includes a document, having special legal sanctity, which sets out
the framework and the principal functions of the organs of government within the
state and declared the principle by which such organs must operate, rules which set
out the framework of government, postulates how it ought to operate and makes
declaration about purposes of the states, society and the rights and duties of
citizens…
“The constitution is the source, root and fountain of organizations, governments
and rules in modern societies. It is the constitutive document.”10 It is the source
from which other tributaries of laws, organization, authorities and persons draw
their functions, powers, duties, responsibilities and benefits. It is that document by
which other documents are made valid or invalid or that which if any document
becomes contrary to, that other document, to the extent of the inconsistency,
becomes void. Ben Nwabueze, defined constitution as “a mode of organizing a
state and its government.”11 According to the learned writer, it is a body of
10
C.A.J. Chinwo, Principles and Practice of Constitutional Law in Nigeria (second ed, Princeton & Associates, 2020)3.
11
Ben Nwabueze, Presidential Constitution of Nigeria, (C. Hurst and Company, London in association with Nwamife
Press, 1982) 7.
4
Course Title: Constitutional Law 1. Course Code: LAW 201. [Notes II] by ThankGod Okeokwo Esq.
