Supremacy of the 1999 Constitution of the Federal Republic of Nigeria [Section 1 of the 1999 Constitution]
1 (1) This Constitution is supreme and its provision shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
(2) The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
(3) If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be void.
Case comments:
Ugba v. Suswam (2014) 14 NWLR (Pt. 1427) 264 (SC)
“The Constitution is the only instrument which is imbued with absolute power to create and confer jurisdiction. It is the ultimate and can be compared to none. In other words, it is an organic instrument which confers powers and also creates rights and limitations. It is the supreme law in which certain first principles of fundamental nature are established. Once the powers, rights and limitations under the Constitution are identified as having been created, their existence cannot be disputed in a court of law.” [A.-G., Ondo State v. A.-G., Fed.(2002) 9 NWLR (Pt. 772) 222 referred to.] (P. 315, paras. B; C-E)
Nwokedi v. Anambra State Govt. (2022) 7 NWLR (Pt. 1828) 29 (SC)
“The Constitution is described as the grundnorm and the fundamental law of the land. All other legislations in Nigeria take their hierarchy from the provisions of the Constitution.”
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