CONSTITUTIONALISM IN THE NIGERIAN DEMOCRATIC SETTING

Abstract

Constitutionalism depicts the fact that government must at all times respect the fundamental rights and the liberty of the people as given by God and the constitution. Government itself is a product of the people but not sovereign neither do government derived power through divine inclination. The need to restrain the executive, legislative and judicial arms of government in their day to day activities cannot in any way be over-emphasized in order to prevent government and its functionaries from tyranny, arbitrariness and abuse of power which could lead to a breakdown of law and order. This article is anchored on doctrinal research methodology and concludes that some of the factors militating against constitutionalism in Nigeria and other parts of Africa among other things include: disobedience to court orders and rule of law, impunity, corruption and nepotism, etc. It also recommended that the procedure for the amendment of the constitution should be made less complex; there should be the establishment of constitutional court; law enforcement agents who abuse peoples’ rights should be held personally liable; removal of immunity clause from the Nigerian Constitution among others