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Military Dictatorship-The Constitution of the Federal Republic of Nigeria, 1979 and 1999- Where Lies the Sovereignty or Supremacy?

The military seizure of political power has been discussed elsewhere. Suffice it to say that in 1966; the military regime:

  1.  Suspended the Legislative and Executive institutions in the Regions and at the centre. 
  2. Vested state powers on the Supreme Military Council. 
  3. Invested on itself, the power to make laws, for the peace, order and good government of Nigeria or any part thereof, with respect to any matter whatsoever. 
  4. Legislated by decrees (Federation) and edicts (regions). Federalism was abolished and replaced with Unitary Structure in May 1966. On July 2, 1966 a second military coup d’etat restored the federal structure. 
  5. Maintained that Nigeria is one indivisible and indissoluble sovereign state. 
  6. Curtailed individual rights, and the capacity of the judiciary to execute its jurisdiction and powers, [abrogated pre-existing legal order except to the extent that it was prepared to concede or preserve] and vested, vis et armis, sovereignty on the Federal Military Government. 
See the Constitution (Suspension and Modification) Decrees, 1966-84.

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  1. Federal and Unitary Systems of Government
  2. Military Rule and Separation of Powers- Civil Rule and Separation of Powers
  3. Rule of Law: The Nigerian Experience- Requirements for the Validity
  4. Scope of Constitutional Law-Traditional Constitutional Concept
  5. The Definition of Federalism-LEGAL UNDERPININGS OF FEDERALISM
  6. The Historical Evolution of Rule of Law Concept
  7. The Sources of a Constitution-The Nature of the Constitution
  8. What is Constitution?
  9. achievements of the colonial administration in Nigeria between 1920 and 1950-Clifford’s Constitution-The Richard’s Constitution
  10. significant events between 1900 and 1919 in the Colonial Administration of Nigeria by Lord Fredrick Lugard.

The Constitution of the Federal Republic of Nigeria, 1979 and 1999

The Constitution of the Federal Republic of Nigeria 1979 and 1999 provided for distribution of powers and functions among the three departments of governance (Legislative, Executive and Judiciary). There should be no interference except to the extent to which the constitution allows such power of interference.
  1. Where Lies the Sovereignty or Supremacy?
  2. In all these things, who has been the sovereignty? 
  3. Has it resided on one person or body of persons all through or on different persons and bodies at different times? 
  4. Has sovereignty always been total or slit? 
Remember that Sovereignty or Supremacy is concerned with the nature and extent of power and with the question of obedience to power. On the notion of obedience, consider the following:
Command Nature of Obedience

SELF-ASSESSMENT 

Where would you say sovereignty or supremacy resides in a Military Regime?