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Democracy Day: Nigeria Has No "CONSTITUTION"-- Barr.favour - Politics - Nairaland

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Democracy Day: Nigeria Has No "CONSTITUTION"-- Barr.favour by obbasiasa(m): 10:16am On May 30, 2016
May 29 is regarded as democracy day in Nigeria, below is the view from a respected analyst who is a legal practitioner.

Today is "Democracy" day (irrespective of what that means). Nonetheless, only few individuals know this truth; only few individuals know that Nigeria has no "Constitution"!

"The Constitution of the Federal Republic of Nigeria (Promulgation) Decree No. 24, was promulgated by the Federal Military Government of Nigeria in 1999. Interestingly, the Decree mentions in Section 1, that there shall be a Constitution which shall be set out in the Schedule to the Decree. And, just like many other military Decrees, this Decree No. 24 contains a Schedule and the present 1999 Constitution (which many wrongly regard as a valid constitution) is contained in the Schedule to the Decree.

Hence, rather than upholding the 1999 Constitution as the highest law in Nigeria, is it not more appropriate to regard Decree No. 24 as the highest law? And, if we so regard this Decree as the highest law, it would mean that the workings of government and its institutions are presently dictated by a Decree. Therefore, given the elementary fact that Decrees only operate in military regimes, wouldn't it then mean that we are presently under a military regime (disguised as a Democratic one)?"

[Favour Asiazobor, LL.M Thesis]

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