The Most Controversial Provisions of the Nigerian Constitution



Nigeria’s Constitution is the supreme law of the land, guiding governance, protecting rights, and shaping the relationship between the state and citizens. While it lays a foundation for democracy, justice, and equality, several provisions have been the subject of intense debate, legal battles, and social discussions. In this article, we explore the most controversial parts of the Nigerian Constitution, why they remain contentious, and what they mean for everyday Nigerians.

1. Section 42: Equality and Freedom from Discrimination

What it says: Section 42 of the 1999 Constitution prohibits discrimination on the basis of ethnicity, place of origin, sex, religion, or political opinion.

Why it’s controversial:
Despite its clear mandate, Section 42 often clashes with Nigeria’s federal character principle, which mandates equitable representation across states and ethnic groups in public service. Critics argue that federal character sometimes results in less qualified individuals being favored to meet ethnic quotas, seemingly contradicting Section 42’s non-discrimination ethos.

Real-life implications:

  • Gender activists highlight ongoing inequalities in political representation and access to land or jobs for women.
  • Affirmative action debates frequently cite Section 42 to argue for or against quota-based policies.

2. Section 10 & the Federal Character Principle

What it says: Section 10 establishes Nigeria as a state based on democracy and social justice. This principle inspired the federal character policy, ensuring fair representation of all ethnic and regional groups in government appointments and resource allocation.

Why it’s controversial:
While designed to promote national cohesion, critics argue that it can compromise meritocracy, creating friction between qualified candidates and politically favored appointees.

Example: Some high-profile federal appointments have sparked national debate about whether positions were filled based on merit or state-of-origin quotas.

3. Sections 38 & 39: Freedom of Religion and Expression


What they say:

Section 38: Every person has the right to freedom of thought, conscience, and religion, including the freedom to change their religion or belief and to manifest and propagate it in worship, teaching, and practice. It also prohibits forcing anyone to participate in religious instruction or ceremonies against their will.

Section 39: Every person has the right to freedom of expression, including holding opinions, receiving and imparting ideas and information, and operating media outlets—subject to regulations such as licensing for broadcasting.


Why they are controversial:

Section 38 has sparked debates, especially in Northern Nigeria, where the coexistence of Sharia law and constitutional guarantees of religious freedom sometimes clash. Issues like compulsory dress codes, blasphemy laws, and religious instruction in schools continue to test the limits of this right.

Section 39 is frequently at the center of disputes over press freedom, censorship, and online speech. Government attempts to regulate media and social platforms often raise concerns about whether such actions are “reasonably justifiable in a democratic society,” as the Constitution allows.


Legal debates: 

Nigerian courts have repeatedly been called upon to balance individual liberties with state regulations, from cases on religious freedom in schools to lawsuits on press restrictions and bans on protests.

4. Sections 162 & 217: Revenue Allocation and Public Officers’ Rights

What it says:

  • Section 162: Governs how federal revenue is distributed among states.
  • Section 217: Guarantees pensions and entitlements for public officers.

Why it’s controversial:
Revenue-sharing formulas often generate disputes between oil-producing states and non-oil-producing states, with accusations of favoritism or inequity. Additionally, pensions and entitlements for public officers are sometimes criticized as disproportionate compared to citizen welfare, sparking calls for reform.

5. Judiciary Sections: Independence vs. Executive Influence

Sections 81–153 detail the judiciary’s powers and responsibilities. While the Constitution guarantees judicial independence, political interference remains a concern. Appointment processes and state-level influence sometimes undermine public confidence in judicial fairness.

Example: Cases of alleged executive influence over judicial appointments or decisions often dominate legal discussions, especially regarding electoral disputes or high-profile corruption trials.

6. Other Controversial Areas

  • Sharia vs. Secular Law: The coexistence of Sharia law in Northern states and secular law nationally raises constant debates about constitutional supremacy.
  • State Creation & Autonomy: Sections empowering state creation or local governance spark debate over political representation, resource allocation, and ethnic equity.
  • Freedom of Expression: While guaranteed, restrictions on media, online speech, and protests create tension between rights and government policies.

Conclusion

The Nigerian Constitution is a living document, aiming to balance democracy, equality, and national unity. However, Sections 42, 10, 38, 39, 162, 217, and judiciary provisions continue to provoke debate due to their intersection with ethnic, religious, and political realities. Understanding these controversies is essential for citizens, lawyers, and policymakers who want to navigate Nigeria’s complex legal landscape.

By staying informed, Nigerians can advocate for reforms that strengthen democracy, promote equality, and ensure that the Constitution serves its true purpose: justice for all.


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