CONSTITUTIONAL SUPREMARCY THROUGH CASES

IN
NIGERIA AND GHANA

A SEMINAR PAPER PRESENTED IN PARTIAL FULFILMENT OF

THE COURSE PUL 8O1
COMPARATIVE CONSTITUTIONAL LAW

BY
AKOH CELESTINE JOACHIM (Esq)
NOU232135463
AND
AKEADACHA RICHARD YERIMAH (Esq)
NOU232137456

COURSE FACILITATOR
PROF JUSTUS SOKEFUN

NATIONAL OPEN UNIVERSITY OF NIGERIA

SCHOOL OF POST GRADUATE STUDIES
FACULTY OF LAW

1
CONSTITUTIONAL SUPREMACY THROUGH CASE IN NIGERIA AND GHANA

INTROUDUCTION
1. In every society, there is normally a supreme entity whose provisions or dictates are final.
This particular entity is the embodiment of sovereignty in that society 1. In the Pre – Colonial
Nigeria, it was usually the gods of the land (in the South) or the provisions of the Holy Quran (in
the North). In contemporary Great Britain, the Parliament is regarded as Supreme while in
Nigeria, the Constitution is regarded as Supreme. Meanwhile, Supremacy can be defined as “The
position of having the superior or greatest power or authority”. Thus, Constitution can also be
defined as “The fundamental and organic law of a nation or state that establishes the institutions
and apparatus of government, defines the scope of governmental sovereign powers and
guarantees individual civil rights and civil liberties” 2. From the foregoing, it can be seen that
Constitutional Supremacy is the position of the constitution having the superior or greatest power
or authority. Section 2 of the Nigerian Constitution 1999 (as amended), provides that Nigeria is a
Federal Republic, it therefore has a written constitution 3. The general convention is that a written
constitution is supreme.

2. The Nigerian Constitution provides for its supremacy in some of its provisions. The first
section of the 1999 constitution that deals with the supremacy of the constitution is Section 1 (1),
it provides thus: “This Constitution is Supreme and its provisions shall have binding force on all
authorities and persons throughout the Federal Republic of Nigeria.” 4 The implication of this
section is that the provisions of the constitution are binding on all persons no matter how high or
low. During military regimes, legislation is done through a body consisting mainly of armed
forces personnel. The last of such in Nigeria was referred to as Provisional Ruling Council. It
ruled by Decrees. These Decrees were superior to the Constitution. Indeed, the Constitution
(Suspension and Modification) Decree, No 107, 1993 suspended a substantial part of the
Constitution of the Federal Republic of Nigeria, 1979 5. These Decrees contained ouster clauses
which precluded the Courts from examining their validity or otherwise. In this instance, the
Constitution took a second position after Federal Military Government decrees. In spite of this,
there was still a special legal sanctity and status accorded to the Constitution. Constitutional
Supremacy postulates the Lordship of the Constitution over all persons and authorities. As the
highest Law in any sovereign State, whenever any law is inconsistent with any provision of the

1
www. Wikipedia. com.
2
https//www.iowacityschools.org.
3
CFRN (1999)
4
Ibid.
5
Justus A Sokefun, Issues in Constitutional Law and Practices in Nigeria (Faculty of law OOU, Ago – Iwoye , 2002).

2
Constitution, that Law is void to the extent of its inconsistency, Section 1(3) of the 1999
Constitution.6

STATEMENT OF THE PROBLEM

3. The constitution of the Federal Republic of Nigeria can be said to be supreme in principle
but not in practice. This is due to several abuses of the provisions of the law. For instance, the
constitution provided for separation of powers among the 3 organs of Government as well as
equality among the Executive, Legislature and the Judiciary. But in Nigeria, during the 8 years’
double term of President Olusegun Obasanjo, the National Assembly had more than 5 Senate
Presidents due to Executive interference. After the Obasanjo regime from 1999 – 2003 and 2003
– 2007, the subsequent presidents have continued to interfere with the leadership of the National
Assembly. In 2019, the Executive removed a seating CJN without due process, Hon Justice
Walta Onoge and retired him.7 Also during Obasanjo regime, the Lagos State Local Government
Allocation was sized by the Federal Government. Nevertheless, the basic Principles of
Constitution supremacy include, Popular Sovereignty, Limited Government, Separation of
Powers, Federalism, Checks and Balances, Republicanism and Individual Rights 8. Meanwhile,
the situation in Nigeria is far from the principle of constitutional supremacy. Only recently, the
Nigerian youths, organized a national protest against the Nigerian Police on abuse of right.
During the protest innocent citizens were allegedly killed by the security forces. This research is
therefore focused at analyzing the application of constitutional supremacy in Nigeria and Ghana
in other to make recommendations.

AIM
4. The aim of the research is to analyze the application of constitutional supremacy in
Nigeria and Ghana in order to make recommendations.
SCOPE
5. The research will examine the following:
a. Popular Sovereignty.
b. Limited Government.
c. Separation of Powers.
d. Federalism.

6
Ibid.
7
Dailytrust news of 25 January 2019.
8
https//www.ourcivilisation.com

3
 e. Checks and Balance.
f. Individual Right.
g. Republicanism.
HYPOTHESIS
6. The research adopted two hypotheses;
a. Corruption by political actors in Nigeria has impeded the implementation of
constitutional supremacy in the country.
b. Nigeria’s constitution provided for constitutional supremacy but in practices the
presidency controls excessive powers.
RESEARCH QUESTIONS
7. The research intends to answer the following questions:
a. Have Nigeria Government effectively practice Constitutional Supremacy.
b. Have Ghana applied Constitutional Supremacy in governance.
b. What are the impediments in operating Constitutional Supremacy in Nigeria.

RESEARCH METHODOLOGY
8. The research adopted qualitative and content analysis approach. The content analysis is a
research tool used to determine the presence of certain words, themes, or concepts within some
given qualitative data. Using content analysis, we intend to examine and analyze the subject
matter which is constitutional supremacy, its meaning and practice in Nigeria and Ghana.
Consequently, we reviewed several secondary materials including newspapers, National Open
University study materials and other related books both foreign and local particularly the 1999
Constitution.
THEORITICAL FRAME WORK
9. The research adopted Constitutional Theory, as the theoretical framework in explaining
constitutional supremacy. Carl Schmitt's magnum opus, developed the Constitutional Theory and
it was originally published in 1928 and has been in print in German ever since 9. This volume
makes Schmitt's masterpiece of Comparative Constitutionalism available to English-language
readers for the first time. Constitutional theory is an area of constitutional law that focuses on the
underpinnings of constitutional government. It overlaps with Legal Theory, Constitutionalism,
Philosophy of Law and Democratic Theory. It is not limited by country or jurisdiction 10.
9
https//www.dukeupress.edu.constitutional-theory.
10
Wikipedia.

4
Additionally, Constitutionalism is also a political philosophy based on the idea that government
authority is derived from the people and should be limited by a constitution that clearly expresses
what the government can and cannot do11. Meanwhile, James Madison, America's fourth
President (1809-1817), made a major contribution to the ratification of the Constitution by
writing The Federalist Papers, along with Alexander Hamilton and John Jay. In later years, he
was referred to as the “Father of the Constitution12.”

PRINCIPLES OF CONSTITUTIONAL SUPREMACY

10. Federalism. Since 1999, after the return of democracy, the politicians have not
effectively understood the distributions of powers as provided in the constitution. The
constitution provided for exclusive list which are matters for the Federal Government and the
Concurrent list which are matters where both Federal and State Government could legislate. 13
The residual list are areas where the States enjoy exclusive right. This notwithstanding there has
been several incidents where the Federal Government have abused its powers against the states,
mostly during the Obasanjo term in office. In the case of AG Lagos vs AG Federation, it was
declared that the actions of the President in withholding the federal allocation to Lagos state was
in contrast to Section 162 (5) of the Constitution, therefore they were unconstitutional, null and
void.

11. Popular Sovereignty. The implications of the supremacy of the Nigerian constitution
is that the people are sovereign. Section 14(2)(a) CFRN 1999 (as amended) provides that
sovereignty belongs to the people from which government derives its power through the
constitution14. It means that every power in the country be it executive, legislative or judicial
answers to the people through the provisions of the constitution as laid down by the people. Also,
the supremacy of the constitution makes it the supreme law of the land against which all
inconsistent enactments and conducts are null and void. It is the grand law and authority base of
the country derived from the people, the power base of the country. It is the supreme law by
which every other law and conduct are tested for constitutionality and upheld on the one hand
and declared unconstitutional and null and void and of no effect, on the other hand. The reality of
the respect for popular sovereignty cannot be confirmed in the contemporary Nigeria after
receiving reports of both local and international observers of the Nigeria 2023 General Election.
The exercise was marred by irregularities.

12. Supremacy of the Constitution. Alhaja Karimu Adisa v Emmanuel Oyinwola & Ors
(2000) FWLR (Pt 8) 1349, SC. FACTS: The plaintiffs in the High Court of Oyo State claimed
11
Ibid (n9).
12
Whitehouse.gov.
13
CFRN (1999).
14
Ibid.

5
from the defendant a declaration of customary right of occupancy, damages for trespass and
injunction. Among the issues canvassed at the Supreme Court was the status of the Land Use
Act, 1978. The issue was whether by virtue of section 274(5) which made the Land Use Act an
extra-ordinary statute, the Act was part of the Constitution. The Supreme Court decided inter alia
that the Land Use Act was not an integral part of the Constitution. 15 The Court went further to
decide that where the provisions of the Act were inconsistent with those of the Constitution, such
provisions were to the extent of such inconsistency null and void. One of the cases relied on was
Adeniran& Anor v Interland Transport Limited [1991] 9 NWLR (Part 214) 155 at 179 where the
Supreme Court of Nigeria decided that the Constitution of the Federal Republic of Nigeria is
supreme and its provisions have binding force on all.
13. The supremacy of the constitution displayed in case of Inakoju vs Adeleke. In this case,
some members of the Oyo State House of Assembly purported to remove the Governor of the
state. However, they did not follow the full provisions of Section 188 of the Constitution. Due to
this, the Supreme Court, through a leading Judgement by Tobi JSC declared their actions
unconstitutional, null and void. From the foregoing cases, it can be seen that acts which
contravene the provisions of the constitution will be declared null and void because the
constitution is supreme and shall have binding force on all persons and authorities throughout
Nigeria16. Another provision of the constitution that borders on Supremacy of the constitution is
Section 1 (3), It provides thus:
” If any law is inconsistent with the provisions of this constitution, this constitution shall prevail,
and that other law shall to the extent of the inconsistency be void.” This provision means that
any law that conflicts with the provision of the constitution shall be inapplicable to the extent of
its inconsistency.

14. Individual Right. This is also known as the blue pencil rule 17. The court of Appeal, in
the case of Inspector General of Police vs ANPP, applied this provision of the constitution. It
declared the provisions of the Public Order Act which provided that a permit is needed from the
governor before people can assemble in public contrary to the provision of the fundamental
human rights of freedom of expression and association which is contained in Sections 39 & 40 of
the 1999 constitution18. Therefore, those provisions of the public order act were declared
unconstitutional, null and void to the extent of their inconsistencies. This notwithstanding in the
case of public protest against police brutality known as END SARS, the security forces were
used by government to abuse the public. Many persons were allegedly killed and the Federal
Government is yet to give any reason for denying the masses the freedom of expression.

15
Justus A Sokefun, Issues in Constitutional Law and Practices in Nigeria (Faculty of law OOU, Ago – Iwoye , 2002)
16
Ibid.
17
https//www.onlinelibrary.wiley.com
18
Justus A Sokefun, Constitutional Law through the cases (Caligata Publishers, 2011).

6
15. Separation of Powers. The Nigeria constitution provided a clear separation of powers
among the three arms of government, the Executive, Legislature and the Judiciary. Nonetheless,
due to the executive powers and control over the security forces, the abuse of this principle of
constitutionalism is the order of the day. In Nigeria the control of the legislature by the executive
has been a norm since the 2 terms of Obasango. From 1999 – 2003, the Senate changed more
than three Senate Presidents allegedly championed by the executive arm of government.
Nevertheless, this abuse of power and interference was openly demonstrated by the Federal
Government in 2019. The news media was awash on 25 January 2019, with the suspension of the
then Chief Justice of Nigeria, Honorable Justice Walter Onnoghen, by President Muhammadu
Buhari, as well as the swearing in of Hon Justice Ibrahim Tanko Mohammed as an acting Chief
Justice of Nigeria19. The presidency claimed that the action was in pursuant to an Ex-Parte Order
that was issued by the Code of Conduct Tribunal on 23 January 2019. The Nigerian Bar
Association unequivocally rejected and condemned the action of the Federal Government 20.
According to the NBA, the action of the executive portends a slide into anarchy and complete
deconstruction of the Rule of Law and due process. It amounts to an absolute breach of the
Constitution and the usurpation of the powers of the Senate and the Nigerian Judicial Council.

16. Checks and Balances. The principles of checks and balance is only visible at the 8
National Assembly under Senator Bukola Saraki. Although, the Senate President and the
President were members of the same political party, the National Assembly provided effective
checks on the executive. The situation changed under Senator Ahmed Lawn who declared not to
challenge any action of the executive. The Nigerian Constitution divided the Government into 3
branches,21 legislative, executive and judicial. That was an important decision because it gave
specific powers to each branch and set up checks and balance. The point of checks and balances
was to make sure no one branch would be able to control too much power and it created
a Separation of powers. The legislative branch makes laws, but the President in the executive
branch can veto those laws with a Presidential Veto 22. The legislative branch makes laws, but the
judicial branch can declare those laws unconstitutional. The executive branch, through the
Federal agencies, has responsibility for day-to-day enforcement and administration of Federal
laws. The President in the executive branch can veto a law, but the legislative branch can
override that veto with enough votes. The legislative branch has the power to approve
Presidential nominations, control the budget, and can impeach the President and remove him or
her from office23. The executive branch can declare Executive Orders, which are like
proclamations that carry the force of law, but the judicial branch can declare those acts
unconstitutional. The judicial branch interprets laws, but the President nominates Supreme Court
justices, court of appeals judges and Federal High Court judges who make the evaluations. The

19
Dailytrust news of 25 January 2019.
20
Ibid.
21
CFRN (1999)
22
John Samples; The Future of Limited Government (Cato Institute, 2002).
23
Ibid.

7
judicial branch interprets laws, but the Senate in the legislative branch confirms the President’s
nominations for judicial positions.

17. Limited Government. The principle of limited government, subscribes to due

process and respect for the rule of law 24. The best example of this principle is analyzing
government respect for court orders. Limited government is closely associated
with constitutions. The United States Constitution of 1789 and the French Constitution of
1793 were both enacted in an effort to reaffirm limited government, although in different ways 25.
The U.S. Constitution achieved limited government through a separation of powers: "horizontal"
separation of powers distributed power among branches of government (the legislature,
the executive and the judiciary, each of which provide a check on the powers of the other);
"vertical" separation of powers (federalism) divided power between the federal government and
the state government26. Madison (2002), one of the authors of the Federalist Papers, noted that
the Framers of the American Constitution sought to create a government that was capable of both
being controlled and of exercising control27.

CHALLENGES OF CONSTITUTIONAL SUPREMACY IN NIGERIA

18. The Constitution of the Federal Republic of Nigeria as amended 28is the supreme legal
document in Nigeria, one that provides for the rights and obligations of the citizens and equally
provides for the duties of the Government. The prosperity and economic well-being of Nigerians
are presumably determined by the government in accordance with the provision of the
Constitution and despite the lofty promises of equality and economic prosperity contained in the
Constitution of Nigeria, the government of Nigeria continues to act in defiance of the
Constitution, continues to impoverish Nigerians as a result of the impossibility of Nigerians to
seek readdress. Hence questions like; Why the immeasurable and unpardonable level of
insecurity in Nigeria despite the sacred provisions of Section 14(1) (b) of the 1999 Constitution
as amended?29, Why there is an endless disregard for Human rights and the Supremacy of the law
despite the clear and unambiguous provisions of Section 17 of the 1999 Constitution as
amended?

19. Abuse of Popular Sovereignty. The answer to the questions raised in paragraph (13) is
hidden in the enforceability of Chapter II of the Constitution and enforceability of the
Fundamental Objectives remains the pathway to an organized and prosperous Nigeria. In the
words of learned silk, Foluke Solanke (SAN) ‘’And yet I believe that the provisions in Chapter II

24
https//www.ourcivilisation.com
25
Michel Rosenfeld, Modern Constitutionalism as Interplay Between Identity and Diversity; (University Press, 1994 )
26
John Samples; The Future of Limited Government (Cato Institute, 2002).
27
Ibid (n20).
28
Constitution of the Federal republic of Nigeria as amended
29
ibid

8
are the soul and spirit of the Constitution.30” The implication of the above excerpt as quoted
signifies the death of the provisions of Chapter II by virtue of its non-justiciability is also
tantamount to the death of the Constitution because where the soul and spirit of a person is
inoperative, such person is dead. She states further that, Non-justiciability of Chapter II is not
resident in Chapter II, rather it is hidden maliciously in Chapter I (one) of the Constitution,
particularly Section 6 (6) (c). The opening phrase of the Constitution, says “We the people………
Do hereby make, enact and give ourselves the following constitution 31……”The question
therefore is would a Nigerian gladly agree that as beautiful and lofty the provisions of Chapter II
is, it will not be Non-justiciable.

20. Government Disobedient to Constitutional Obligations. Chapter 2 houses the benefits

and fruits of Democracy and the question are would Nigerians gladly reject these fruits? The
non-justiciability of Chapter 2, put succinctly, amounts to fraud on the part of the drafters of the
Constitution and deprivation of the manifold benefits of democracy. The absurdity and asininity
of the non-justiciability of Chapter II are revealed by the words of Section 14 (2) (a) 32,
Sovereignty belongs to the people of Nigeria from whom government through this Constitution
derives all its power and authority. What then is the essence of eyes that cannot see, legs that
cannot walk, and a mouth that cannot talk? The effect of the above-cited section is that Nigerians
reserve the power in all situations and it is from them that government derive all its powers;
coming from this perspective, the question that begs for an urgent answer is how come the
grantor of power (Nigerians) cannot challenge the government (who is an ordinary trustee of
power) where it fails to carry out its responsibilities and obligations as imposed in Chapter II?
This again shows that the non-justiciability clause as imposed in Section 6 (6) (c) of the
Constitution is absurd and unacceptable.

21. Non Compliance with Constitutional Mandate. The language of the Constitution all
through Chapter II is SHALL, a mandatory language. The Supreme Court in the case of
Nwankwo v. Yar’adua33 maintained that “The term SHALL is a word of command and denotes
obligation, giving no room to discretion. The above was also followed in the case of F.G.N v.
Zebra Energy Ltd (2002) 18 NWLR (Pt. 784) 162. The position of the Supreme Court above
shows that shall as use in Chapter II imposes a mandatory obligation on the Government. A
further look at the judgment however posits that ‘shall’ may be merely permissive or directory,
where it been construed in a mandatory sense, will bestow no right or benefit to anyone. In this
instant case, where ‘shall’ is construed as mandatory, it will herald the much anticipated
economic and social development Nigerians crave, bring social amenities to the doorstep of
Nigerians and finally gives a chance to all Nigerians to take a bite from the National Cake which
is an end product of democratic rule, equity and justice.

22. Ubi Jus Ubi Remedium. It, therefore, follows that the refusal of the Government to
vigorously enforce the provision of Chapter II amounts to a grave violation which now takes us
to the question “How do Nigerians remedy this violation and legalized injustice? The answer is

30
Funke Solanke ‘’The 1999 constitution, the empty promises in chapter ii versus the obligation of the mass media: The 2002 Luminace leture’’
31
The preamble of the 1999 constitution as amended.
32
The constitution of Nigeria as amended.
33
(2010) 12 NWLR (PT. 1209) SC.

9
not far-fetched, the remedy is resident only in our courts and this once again leads us to the
maxim Ubi Jus, Ubi Remedium. Again the constitution should not be a toothless bulldog, it barks
and bites through the Court and the continued existence of Section 6(6) (c) will make Chapter II
remain a toothless bulldog. This notwithstanding, it is difficult for a judiciary that is heavily
controlled by the executive to implement constitutionality and guarantee citizens right. The case
of INEC and Emeka Ihedioha v APC and Uzodimma (2020), where the supreme court awarded
victory to a party that came 4 during the 2019 Gubernatorial Election in Imo State, has left many
Nigerians wonder whether the Judiciary is still the last hope of the masses.

THE GHANA SITUATION

23. The Ghana 1992 Constitution, designated the grand norm as the supreme law of the land.
The Constitution, provided for the sharing of powers among a President, a Parliament, a Cabinet,
a Council of State and an Independent Judiciary. The Constitution through its system of checks
and balances, avoided bestowing preponderant power on any specific branch of government.
Articles 1(2) and 2(1) of the Fourth Republican Constitution, 1992 assert the supremacy of the
Constitution as the fundamental law of Ghana. By these provisions, the Constitution emphasizes
that it provides the framework for governance and thus it is the Constitution that governs.
These provisions also place the Constitution on a pedestal above the ordinary laws of the land
since every Constitution is a legal document and a political testament. The Constitution mirrors
the will and aspirations of the Ghana people and it is the supreme law of the land.

24. Article 1 of the Ghana 1992 Constitution states that 34, provides that the sovereignty of
Ghana resides in the people of Ghana in whose name and for whose welfare the powers
of government are to be exercised in the manner within the limits laid down in this constitution.
This constitution shall be the supreme law of Ghana and any other law found to be inconsistent
with any provision of this constitution shall, to the extent of the inconsistency, be void. This
principle as applicable in Ghana was carved by all the people of Ghana as stated in the preamble
of the 1992 Constitution which also provides that; 35 “IN THE NAME OF THE ALMIGHTY
GOD 36, We the people of Ghana; IN EXERCISE of our natural and inalienable right to
establish a frame work of government which shall secure for ourselves and posterity the
blessings of liberty, equality of opportunity and prosperity; IN A SPIRIT of friendship and
peace with all people of the world; AND IN SOLEMN declaration and affirmation of our
commitment to Freedom, Justice, probity and Accountability; The principles that all powers of
Government spring from the sovereign will of the people; The principle of universal Adult
suffrage; The rule of Law; The protection and preservation of Fundamental Human Rights and
Freedoms, Unity and Stability for our nation;” DO HEREBY ADOPT, ENACT, AND GLUE
TO OURSELVES THIS CONSTITUTION.

34
1992 Constitution of the Federal Republic of Ghana.
35
Ibid.
36
Preamble of the constitution of the Federal Republic of Ghana.

10
25. It is without doubt that the Constitution in the hierarchy of legal norms and laws in the
legal system is most supreme and this principle must be preserved and jealously guarded. This
reasoning is emphatically echoed in the case of Charles Mate Kole and Nene Azago Kwesitsu I
v The Electoral Commission and The Attorney General 37 as follows; The Constitution of Ghana
by virtue of articles 1 and 2 is the supreme and most fundamental law of Ghana and it is clear
from articles 2 and 130 as construed by this court that subject to the High Court’s jurisdiction in
the enforcement of private fundamental human rights this court is the Trustee of the 1992
Constitution of Ghana. Clearly then if a genuine break with the infamous case of in Re Akoto
(1961) 2 GLR 253, SC is to be made by this court then this court cannot shut its eyes to breaches
of the Constitution when they loom large in a case before it. The principle of supremacy of the
Constitution is necessary in a democratic state like Ghana and it is quite clear from over the
years that the upholding of the Supremacy of the Constitution is itself of great constitutional
utility. The better course for Ghana, except in grave circumstances, is for the Judiciary to uphold
and entrench the supremacy of the constitution as clearly contemplated by articles 1, 2, 3(4), 35,
37(1) and 41(b) of the constitution.

26. Democracy Human Right and Governance in Ghana. Ghana is a democratic nation
with active political parties, a vibrant media, a history of successful political transitions, freedom
of the press, an independent judiciary, and a strong civil society 38. Ghana has held eight free and
fair elections since 1992 and continues to address corruption, poor governance, and weak
accountability that slows its journey to self-reliance. USAID’s Democracy, Rights, and
Governance Program supports the country to improve political, financial and performance
accountability, ensuring that the government is transparent, answerable, and responsive to the
public39. USAID also supports Ghana’s efforts to address long-term challenges caused by the
COVID-19 pandemic and internal conflicts, especially in the Northern part of the country and
implements interventions that support communities to prevent threats of violent extremism.

27. Election Institution and Processes in Ghana. To improve the integrity of Ghana’s
electoral and political processes, the country partnered with USAID to enhance electoral
transparency, local government accountability and strengthen conflict management and
mitigation mechanisms to foster sustainable peace and stability in the country 40. Interventions
include: Educating citizens on political processes, including civic, voter and peace education, for
district assembly, presidential and parliamentary elections. Promoting engagements between
political parties and youth groups to ensure that party manifestos respond to the needs and
aspirations of the youth. Supporting the establishment of peace and mediation committees to
address election-related violence and political vigilantism. The USAID/Ghana contributed to
enhancing the credibility and transparency of Ghana’s 2020 Presidential and Parliamentary
elections by training and deploying 4,000 election day observers and employing a Parallel Vote
Tabulation methodology to independently verify the presidential results declared by the Electoral
Commission. In collaboration with the National Commission for Civic Education, a total of 520
civic educators were deployed in all 260 districts of the country to inform and educate citizens on
voter participation, peace and electoral processes.
37
(2012) JELR 66910 (SC).
38
United States Agency for International Development (Washington DC 2022).
39
Ibid.
40
Ibid.

11
CONCLUSION

28. The research was able to confirm the tentative answer which states that corruption by
political actors in Nigeria have impeded the implementation of constitutional supremacy in the
country. The research ascertained that the Nigeria’s constitution provided for constitutional
supremacy in principle, but in practices the presidency of the country at each dispensation
controls excessive powers. The research provided several examples to substantiate its position.
These included the suspension of Lagos State LGA allocation during Obasanjo, the
impeachments of several Senate Presidents over the wish of the President from 1999 – 2007, the
most recent was the removal of a CJN in 2019. The paper also provided answers to the research
questions such as, have Nigeria Government effectively practice Constitutional Supremacy,
which evidence provided was negative. The country has not over the years comply to its
constitutional provisions. On the question whether Ghana has applied Constitutional Supremacy
in governance, the answer is years because, in critical feature such as popular sovereignty
evidence proved that Ghana has conducted eight free and fair elections. Ghana has evidently
respected right of the residents particularly press freedom which is not guaranteed in Nigeria.
The question on what are the impediments in operating Constitutional Supremacy in Nigeria, the
paper identified noncompliance by Government to Constitutional Provisions, abuse to popular
sovereignty, government non execution of constitutional obligation and lack of justice and
equity.

29. In the comparative analysis the research ascertained that Nigeria and Ghana have
constitutions that provided for Constitutional Supremacy. The both countries have designated the
people as the center of sovereignty which they transfer to their representatives during democratic
elections. In Nigeria, the 1999 Constitution provided for separation of powers, among the
executive, legislature and the judiciary. Same provisions were provided by the Ghana 1992
Constitution which also provided for separation of powers among the organs of government.
Nevertheless, the research observed the noncompliance to the provisions of the constitution by
the politicians and government functionaries particularly the executive. The paper observed the
executive control of the legislature and in some cases the judiciary. The research observed the
continuous abuse of the people during elections. Hence elections in Nigeria does not reflect the
wish of the people. The research also observed that the government and its agencies have
continuously abused the right of the citizens. This notwithstanding, in Ghana, the government
continue to make efforts towards respecting the provisions of their constitution. Since 1992, the
Ghana election commission has conducted 8 free and fair elections which gives the people full
ownership of their government. In view of the foregoing some recommendations have been
made.

RECOMMENDATIONS

12
30. The following recommendations have been made:

a. The Nigerian legislature should activate the provisions of the 1999 Constitution in
order to provide effective checks and balances in the country.

b. The Nigerian Judiciary should implement the provisions of the constitution in

fairness and equity.

c. The Nigerian executive should conduct government base on the provisions of the
constitution.

d. The Nigerian people should resist vote selling and elect credible leaders into
government office. Ethnicity based political choices against credibility and capability
should be avoided.

e. The NBA and Nigeria Media should provide proactive public enlightenment as
well as develop effective watch dog mechanism on government activities in the country.

REFERENCES
(1) www. Wikipedia. com.

(2) https//www.iowacityschools.org.

(3) CFRN (1999).

(4) Justus A Sokefun, Issues in Constitutional Law and Practices in Nigeria (Faculty of law
OOU, Ago – Iwoye , 2002).

(5) Dailytrust news of 25 January 2019.

(6) https//www.ourcivilisation.com.

(7) https//www.dukeupress.edu.constitutional-theory.

(8) Whitehouse.gov.

(9) https//www.onlinelibrary.wiley.com.

(10) Justus A Sokefun, Constitutional Law through the cases (Caligata Publishers, 2011).

(11) John Samples; The Future of Limited Government (Cato Institute, 2002).

13
(12) Michel Rosenfeld, Modern Constitutionalism as Interplay Between Identity and Diversity;
(University Press, 1994).

(13) Funke Solanke ‘’The 1999 constitution, the empty promises in chapter ii versus the
obligation of the mass media: The 2002 Luminace leture’’.

(14) (2010) 12 NWLR (PT. 1209) SC.

(15) 1992 Constitution of the Federal Republic of Ghana.

(16) (2012) JELR 66910 (SC).

(17) United States Agency for International Development (Washington DC 2022).

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