Structure of the 1999 Constitution

Structure of the 1999 Constitution

Quick Answer: The 1999 Constitution of the Federal Republic of Nigeria (as amended) is the supreme law of the land, organized into eight Chapters spanning 320 sections, a Preamble, and seven Schedules. It has been altered five times (1st-5th Alteration Acts, 2010-2023), and §1 enshrines its supremacy - any law inconsistent with it is void.

The Preamble and the Supremacy Clause (§1)

The Constitution opens with a Preamble declaring "We the people of the Federal Republic of Nigeria... solemnly resolve" to live in unity, freedom, peace, and under law. While a preamble expresses the framers' intent and is not itself a source of enforceable rights, it sets the constitutional ethos.

Section 1 is the supremacy clause - the foundation of the entire legal order:

• §1(1): "This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria."
• §1(2): The Federation shall not be governed, nor shall any person or group take or retain control of government, except in accordance with the Constitution.
• §1(3): Any law inconsistent with the Constitution is void to the extent of the inconsistency.

This supremacy means the Constitution overrides every Act of the National Assembly, subsidiary legislation, executive directive, and state law. COMPRO candidates should note that §1(1)-(3) is the most frequently tested supremacy provision.

The Eight Chapters

The Constitution comprises eight Chapters covering 320 sections, plus seven Schedules (States of the Federation; Legislative Powers/Lists; Federal/State Executive Bodies; Local Government functions; Code of Conduct; Election Tribunals; Oaths):

Note the structure: Chapters I-IV establish the foundational framework (supremacy, citizenship, rights, policy objectives); Chapters V-VII create the three arms of government (Legislature, Executive, Judicature); Chapter VIII handles the FCT and miscellaneous supplementary provisions. A "section" (e.g., §305) is the primary numbered unit; subsections (e.g., §305(3)(a)) are the granular provisions - COMPRO questions typically cite both.

The Five Alteration Acts (2010-2023)

The Constitution has been amended through five Alteration Acts (Nigeria uses the term "Alteration" rather than "Amendment" for constitutional changes under §9):

1. First Alteration (2010/2011) - Financial autonomy for the National Assembly and the Independent National Electoral Commission (INEC).
2. Second Alteration (2010) - New timelines for the conduct of national elections by INEC.
3. Third Alteration (2010/2011) - Established the National Industrial Court as a superior court of record (added §254A-254F).
4. Fourth Alteration (2017) - Financial autonomy of State legislatures and judiciary; "Not Too Young To Run" (reduced age qualifications for President, House of Representatives, and State Houses of Assembly); grounds for de-registering political parties; determination of pre-election matters.
5. Fifth Alteration (2023) - A bundle of 37 acts including: moving "Prisons" (now Correctional Services) and "Railways" from the Exclusive to the Concurrent Legislative List; allowing States to generate, transmit, and distribute electricity within the National Grid; requiring President/Governors to submit ministerial/commissioner nominees within 60 days; right to food and food security; uniformity in retirement age of judicial officers; financial independence of State Houses of Assembly and State Judiciary.

A COMPRO candidate should remember the sequence (1st-5th) and at least one hallmark of each Alteration - the 5th Alteration (2023) is the most recent and most tested.

The Seven Schedules

The Schedules are integral to the Constitution:

1. First Schedule - States of the Federation (36 states + FCT).
2. Second Schedule - Legislative Powers (Exclusive Legislative List, Concurrent Legislative List).
3. Third Schedule - Federal Executive Bodies (e.g., FCSC, Federal Character Commission, Code of Conduct Bureau).
4. Fourth Schedule - Functions of Local Government Councils.
5. Fifth Schedule - Code of Conduct for Public Officers.
6. Sixth Schedule - Election Tribunals.
7. Seventh Schedule - Oaths of office.

The Second Schedule (Legislative Lists) and Third Schedule (Federal Executive Bodies, including the FCSC itself) are especially relevant to civil servants - the FCSC, which administers COMPRO, is constitutionally anchored in the Third Schedule.

How the Constitution Binds Public Servants

For federal civil servants preparing for COMPRO, the practical point is that the Constitution is not abstract - it governs daily public-service conduct. The Fifth Schedule (Code of Conduct) requires public officers to declare assets and liabilities, avoid conflicts of interest, and not operate foreign accounts while in office; breaches are adjudicated by the Code of Conduct Tribunal established under the same Schedule. The Federal Character principle (§14(3), Third Schedule) obliges appointments to reflect the diversity of the Federation, operationalised by the Federal Character Commission. Civil servants sit COMPRO precisely because the Federal Civil Service Commission - established under §153(1)(d) and empowered by Paragraph 11 of the Third Schedule, Part 1(D) to appoint and discipline federal civil servants - uses promotion/confirmation examinations to verify competence. Understanding the Constitution's structure - supremacy in §1, rights in Chapter IV, the three arms in Chapters V-VII, and the executive bodies in the Third Schedule - is therefore not academic: it is the framework within which every MDA, Permanent Secretary, and civil servant operates.