CONSTITUTIONALISM WITHOUT CONSTITUTIONAL CULTURE: REASSESSING DEMOCRATIC GOVERNANCE IN NIGERIA

Abstract

Despite over two and a half decades of uninterrupted civilian rule since 1999, democratic governance in Nigeria continues to be characterised by systemic deficiencies that undermine the ideals of constitutionalism. Although the Constitution of the Federal Republic of Nigeria (CFRN)1999 (as amended) establishes a comprehensive legal framework founded on constitutional supremacy, separation of powers, federalism, the rule of law, and the protection of fundamental rights, its effectiveness has been constrained by a weak constitutional culture. The legitimacy concerns surrounding the 1999 Constitution, having originated from a military transition rather than a participatory constitution-making process, have further fueled debates on constitutional ownership and democratic governance. This article contends that Nigeria’s constitutional challenges including executive overreach, legislative corruption, judicial passivity, weak institutional accountability, and the distortion of federalism through excessive fiscal centralization are attributable less to deficiencies in the constitutional text than to the absence of a genuine constitutional culture characterised by respect for constitutional limitations, institutional independence, transparency, accountability, and commitment to the rule of law. It argues that constitutional reform alone cannot secure democratic consolidation unless accompanied by institutional integrity, civic constitutional consciousness, effective enforcement of constitutional norms, and unwavering adherence to the supremacy of the Constitution.