The Validity or Otherwise to the Claim of Autochthonous Constitution of Nigeria since Independence

Abstract

The question of autochthony of constitutions as opposed to the autonomy of nations is a subject matter that
has held the attention of legal scholars, some of whom have posited that there are three established criteria
to determine the autochthony of any constitution. This paper analysed the constitutions Nigeria has had
since attaining independence and tested whether they are autochthonous in the light of the pure, substantial
compliance and acceptance theories. The paper used the doctrinal research methodology and examined
primary and secondary sources.In applying the first two theories, the paper found that the post-
independence constitutions of Nigeria have not been autochthonous. But using the acceptance of
constitution theory, the paper found that the 1979 Constitution of Nigeria was widely accepted as
autochthonous following the provisions of the preamble to the Constitution of the Federal Republic of
Nigeria (Promulgation) Act, 1999 and the decision of the Supreme Court in Nafiu Rabiu v State. In
conclusion, this paper recommended that Nigeria should adopt the 21st century or modern approach to
constitution-making as elucidated in the case of Re Secession of Quebec. To that end, it should amend
section 9 of the 1999 Constitution to provide for procedures to convoke national conferences, conduct
plebiscites and referendums, and constitute Constituent Assemblies, with a view to making a brand new
Constitution. Only then can Nigeria claim to have an autochthonous constitution.