CONSTITUTIONAL SUPREMACY: MYTH OR REALITY

Abstract

The supremacy of the constitution was a concept that resonates with the democratic norms and legal drives
of nations across the globe, particularly amongst the contemporary and civilized societies, where the
constitution is regarded as a grundnorm, which is placed over and above other norms, individuals and
institutions for the realization of its validity and potency, with the courts empowered to interpret its
provisions, to ensure that acts done in breach of the constitution are declared null, void and of no effect
whatsoever. However, notwithstanding the enshrinements of the concept of constitutional supremacy of
different countries world over, Nigeria Inclusive, there seems to be several conducts by both individuals
and institutions that purport to contravene and indeed contravene the constitution, a scenario that has cast
some doubts as to whether or not constitutional supremacy actually exists and given the fact that the
judiciary has so far entertained plethora of cases concerning constitutional breaches and consequently
arrived at landmark decisions, in order to protect the sacredness of the constitution. Also, with the wave of
legislatios in the stream as if the said courts’ decisions do not have the toga of deterrence, which will aid
the seamless practice of constitutional supremacy for the preservation and sustenance of rule of law, either
in Nigeria or other jurisdictions, there are yet uncertainties begging for clarity, hence this research which
examined the concept of constitutional supremacy and its practice in Nigeria, and selected jurisdictions of
Russian Federation, Japan, and the United States of America. It was concluded that the constitutional
supremacy is a reality and not a myth notwithstanding the numerous cases of breaches of the Nigerian
Constitution of 1999, (as amended) which provides for the supremacy of the constitution. It was further
concluded that constitutional supremacy placed institutions of government at equal measure, when they
are interposed with the Constitution. The study recommended, inter alia, that institutions of government
such as the legislature, executive, and judiciary should be placed over and above all persons and
authorities, which underpins the very essence of section 1(1) and (3) of the constitution of Nigeria 1999 (as
amended)