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The 1979 and 1999 Constitutions are both Nigerian constitutional documents that outline the structure and functioning of the country's government. Both constitutions provide for a federal system of government, with a division of powers between the central government and the states. However, there are notable differences between the two, with the 1999 Constitution being more comprehensive, reflecting changes in societal values and political circumstances since 1979.
The Similarities And Differences Between 1979 And 1999 Constitution
THE SIMILARITIES OF 1979 AND 1999 CONSTITUTION.
The Nigerian Constitution has undergone several amendments and revisions throughout its history. While I can provide you with an overview of the similarities between the 1979 and 1999 Constitutions of Nigeria, it's important to note that there are also significant differences between the two. Here are some of the similarities:
1. Presidential System:
Both the 1979 and 1999 Constitutions establish Nigeria as a presidential system of government, with a President as the head of state and head of government. The President is elected by the people and serves as the chief executive.
2. Separation of Powers:
Both constitutions recognize the principle of separation of powers among the three arms of government: the executive, legislature, and judiciary. They outline the functions and responsibilities of each branch and their interrelationships.
3. Fundamental Human Rights:
Both constitutions guarantee fundamental human rights and freedoms to Nigerian citizens. These include rights to life, liberty, and security of person, freedom of expression, religion, and association, among others. The 1979 Constitution includes a chapter on fundamental rights, while the 1999 Constitution incorporates them into its main body.
4. Federal Structure:
Both constitutions uphold Nigeria's federal system, with power shared between the central government and the states. They provide for a bicameral legislature at the federal level, consisting of a Senate and a House of Representatives, as well as state legislatures.
5. Citizenship:
Both constitutions define the criteria for Nigerian citizenship, including birth within Nigeria or to Nigerian parents, naturalization, and registration. They outline the rights and obligations of Nigerian citizens.
6. Judicial System:
Both constitutions establish an independent judiciary to interpret and apply the law. They outline the structure of the judiciary, including the Supreme Court as the highest court in the land, and provide for the appointment and tenure of judges.
7. Local Government:
Both constitutions recognize the existence of local government councils as a third tier of government. They outline the structure, functions, and funding of local government administration.
While these are some of the similarities between the 1979 and 1999 Constitutions, it's important to note that the 1999 Constitution, which is the current constitution of Nigeria, incorporates significant changes and amendments compared to its predecessor. These changes were made to address various political, social, and economic developments that occurred between the two constitutions
THE DIFFERENCE BETWEEN 1979 AND 1999 CONSTITUTION.
1. Historical Context:
The 1979 Constitution was enacted after Nigeria's return to civilian rule following a period of military governance. It was the country's second republican constitution. In contrast, the 1999 Constitution was promulgated at the end of military rule and marked the beginning of Nigeria's current democratic dispensation.
2. Preamble:
The preamble of the 1979 Constitution referred to Nigeria as a "federation," while the 1999 Constitution describes Nigeria as a "federal republic."
3. Presidential System:
Both constitutions adopted a presidential system of government. However, the 1979 Constitution had a more parliamentary flavor with a ceremonial president and a prime minister as the head of government. In contrast, the 1999 Constitution established a powerful executive president as both the head of state and head of government.
4. Bicameral Legislature:
The 1979 Constitution had a bicameral legislature consisting of a Senate and a House of Representatives. The Senate represented the regions, while the House of Representatives represented the federal constituencies. The 1999 Constitution retained the bicameral structure but introduced a Senate and House of Representatives based on the states and federal constituencies, respectively.
5. Local Government System:
The 1979 Constitution recognized the existence of local governments but left their creation, structure, and funding to the discretion of state governments. The 1999 Constitution, on the other hand, established a more defined and independent local government system, granting them some degree of autonomy.
6. Fundamental Rights:
Both constitutions contain provisions on fundamental human rights. However, the 1999 Constitution expanded the scope of these rights, added more specific protections, and incorporated international human rights instruments into domestic law.
7. Length and Amendments:
The 1979 Constitution was relatively shorter and had fewer provisions compared to the 1999 Constitution, which is more comprehensive and detailed. Additionally, the 1979 Constitution underwent fewer amendments during its lifespan, while the 1999 Constitution has been amended several times since its adoption.
It's important to note that the 1999 Constitution is currently in force in Nigeria, subject to any subsequent amendments or revisions made by the country's legislative and judicial processes.