A REVIEW OF THE BLIND SPOT OF SECTION 12 (1) OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999

Abstract

This statute review examined the provision of section 12(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The objectives of the review are to: determine the extent of inadequacy of the provision in relation to other laws, including international law; and to suggest ways in which the Constitution may be altered in order to benefit the country in terms of its international obligations. The authors argued that section 12(1) did not envisage the possibility of Nigeria concluding a treaty with subjects of international law other than states; the provision also conflicts with section 254C (2) of the same Constitution as well as with the provisions of the country‘s Treaties (Making Procedure, Etc.) Act 2004. Furthermore, no mention is made of customary international law in that provision. The overall implication of all these problems is that section 12(1) of the Constitution is replete with inadequacies and contradictions, and therefore, should be further altered to reckon with current realities. Our recommendations are that the provisions of the Treaties (Making Procedure, etc.) Act should be incorporated into the Constitution; the executive arm of government should involve all stakeholders from the negotiating stage of a treaty to its conclusion; the Federal Ministry of Justice, being the statutory custodian of all treaties entered into by Nigeria, must not dump those treaties in the archives; instead it should forward them to the National Assembly for consideration and possible enactment into laws.