Analysis of inconsistencies and conflicts relating to human rights provisions in the constitution: Nigeria in perspective

Abstract

Discourse in constitutionalism must be as organic as society. While trying to maintain consistency and coherence in core and basic principles we must ensure they do not become obsolete. This includes the alteration of the constitution and the development of the principles that guide such alteration. In constitutional democracies, particularly ones with written constitution, the constitution is supreme and it is expected not to be in conflict with any of its part. The history of descent to totalitarianism in Kenya, Ghana and Nigeria, leading to military incursions in politics in Africa have shown that people always seek for ways to undermine the law unless the law stays ahead. It is usually the role of the courts and the legislature to ensure this dynamism. Where however, it appears that the courts and the legislature are faltering or being captured by the executive, academics and public discourse must come to the rescue either by asking questions or suggesting a new approach and seeking for articulation. This is the purpose of this paper – what if the constitution actually conflicts with itself and how such conflicts may be acknowledged and resolved. In answering this question, this paper adopted a critical analysis of doctrinal data comprising mostly constitutional provisions and secondary data from literature. The finding suggests that Constitutions do experience internal conflict usually arising from incoherence and inconsistency in the constitution. From Nigeria’s experience it is accelerated by the desire to reduce the constitution to a mere statute through constant alteration instead of the grundnorm for governance: with the Supreme Court allowed to provide guidance and interpretation in terms of ambiguity. Academics must continue to ask questions and proffer solution and should not be stopped by any perceived permanent principles. The judiciary should be bold and take ownership of its role in positive social engineering and good governance through application of innovative developments and analysis of the law.