Major Objectives of Constitutionalism

Quick Summary

• Limits government power to prevent abuse and dictatorship
• Protects fundamental rights of all citizens
• Promotes accountability by making leaders answer for their actions
• Ensures rule of law applies to everyone equally
• Supports democracy by preventing arbitrary rule

Main Objectives of Constitutionalism

Detailed Explanation of Each Objective

1. To Limit Government Power

The first and most important objective of constitutionalism is to limit what government can do. Without limits, government can become tyrannical. Leaders might use unlimited power to oppress citizens, steal public money, or stay in office forever.

In Nigeria, our 1999 Constitution limits government power in several ways. The President cannot make laws – that power belongs to the National Assembly. State governors cannot create their own currency or negotiate foreign treaties – those powers belong only to the federal government. Local government chairmen cannot remove judges – that is not their constitutional function.

Think about it like this: If your school principal had unlimited power, they could expel any student without reason, cancel any subject they dislike, or make teachers work without pay. But school rules limit what the principal can do. Similarly, the constitution limits what government can do.

This limitation prevents abuse of power. When former President Goodluck Jonathan tried to suspend the Governor of the Central Bank without following proper procedure, the courts said it was unconstitutional. The constitution limited what even the President could do.

2. To Protect Citizens’ Fundamental Rights

Constitutionalism aims to protect your rights as a citizen. Chapter IV of the 1999 Constitution lists fundamental human rights that government cannot violate easily. These include:

• Right to life
• Right to dignity of the human person
• Right to personal liberty
• Right to fair hearing
• Right to freedom of thought, conscience, and religion
• Right to freedom of expression and the press
• Right to peaceful assembly and association
• Right to freedom of movement
• Right to freedom from discrimination

For example, when SARS officials arrested young Nigerians without warrants and detained them for weeks, this violated constitutional rights. The #EndSARS protests of 2020 demanded that government respect constitutional rights to liberty and fair hearing.

If FRSC arrests you for a traffic offense, they must take you to court within 48 hours or release you. If they hold you for two weeks without charging you to court, they violate your constitutional right to personal liberty. You can sue them and get compensation.

During COVID-19, some people argued that lockdowns violated freedom of movement. Government had to balance public health with constitutional rights. This shows how constitutionalism protects rights even during emergencies.

3. To Ensure Accountability of Leaders

Constitutionalism makes leaders accountable for their actions. They cannot do whatever they want and escape consequences. They must answer to the people and to the law.

In Nigeria, accountability works through several mechanisms:

Impeachment: If the President or a Governor acts unconstitutionally, the legislature can impeach them. This happened when Adamawa State Governor Murtala Nyako was impeached in 2014 after violating constitutional provisions.

Judicial Review: Courts can declare government actions illegal. When Lagos State Government tried to demolish buildings without following due process, courts stopped them because they violated constitutional provisions on fair hearing.

Elections: Every four years, voters can remove leaders who fail to perform or who abuse their power. This electoral accountability ensures leaders serve the people, not themselves.

Legislative Oversight: The National Assembly and State Houses of Assembly can summon ministers and commissioners to explain how they spend public money. If funds are missing, they must account for it.

Without constitutionalism, leaders would not answer to anyone. They could steal billions of naira with no consequences. But constitutionalism ensures accountability.

4. To Uphold the Rule of Law

Constitutionalism promotes the rule of law – the principle that law applies equally to everyone. Rich or poor, powerful or weak, everyone must obey the law. No one is above the law.

This means several things in practice:

Equality before the law: A senator who commits murder faces the same criminal charges as a market trader who commits murder. Their positions do not protect them from prosecution.

Legal supremacy: The constitution is the highest law. Section 1(1) of the 1999 Constitution says “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.”

Due process: Government must follow proper legal procedures. EFCC cannot just seize your property because they suspect you of corruption. They must investigate, get a court order, and prove their case.

For example, when former governors like Joshua Dariye (Plateau) and Jolly Nyame (Taraba) were convicted of corruption, it showed that the rule of law applies even to powerful people. They went to prison despite their political connections.

5. To Support and Strengthen Democracy

Constitutionalism is essential for democracy to work. Democracy means power belongs to the people. But without constitutionalism, those elected by the people might abuse that power.

Constitutionalism supports democracy by:

Guaranteeing free elections: Section 14(1) of the 1999 Constitution says “The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.” INEC must conduct free and fair elections. No government official can manipulate results without facing legal consequences.

Protecting political participation: Citizens have the right to vote and be voted for. Government cannot stop you from joining a political party or running for office (unless you have been convicted of certain crimes).

Allowing opposition parties: The constitution protects freedom of association. Opposition parties can exist and criticize government. During President Buhari’s administration, the PDP as opposition party could campaign and contest elections. This is constitutionalism at work.

Ensuring peaceful transfer of power: Every four years, power must transfer according to election results. Military coups that used to interrupt democracy are now unconstitutional. In 2015, President Jonathan peacefully handed over to President Buhari after losing the election. This showed constitutionalism supporting democracy.

6. To Prevent Dictatorship and Tyranny

Constitutionalism aims to prevent any person or group from having absolute power. Absolute power corrupts absolutely. When leaders have unlimited power, they become dictators.

Nigeria experienced military dictatorship from 1966 to 1979 and again from 1983 to 1999. During those periods, we had no constitutionalism. Military leaders ruled by decree. They could arrest anyone without trial. They could ban political parties. They could execute people without proper court proceedings.

Constitutionalism prevents this by:

Separation of powers: Dividing government into Executive, Legislature, and Judiciary. Each arm checks the others. The President cannot dismiss judges. The National Assembly cannot appoint ministers. The Judiciary cannot make laws.

Checks and balances: Each arm can stop the others from abusing power. If the President signs a bad treaty, the Senate can reject it. If the National Assembly passes an unconstitutional law, courts can nullify it. If judges act corruptly, the National Judicial Council can sanction them.

Term limits: Section 137 of the 1999 Constitution says no person can be President for more than two terms of four years each. This prevents presidents from staying in power forever like dictators in some countries.

Federalism: Power is shared between federal and state governments. This prevents concentration of all power at the center.

7. To Guarantee Justice and Fairness

Constitutionalism ensures that government treats citizens fairly and justly. When government acts unfairly, courts can intervene and provide justice.

For example, if government demolishes your house to build a road, they must pay you compensation. If they don’t, you can go to court. The constitution protects your right to property.

If a university expels you without giving you a chance to defend yourself, they violate your right to fair hearing. You can sue them. Constitutionalism guarantees procedural justice – government must follow fair procedures.

When Abacha’s military government arrested Chief Abiola without trial and detained him for years, this violated constitutional principles of justice. After democracy returned in 1999, Nigeria committed to never repeat such injustice. Constitutionalism now requires that anyone arrested must be taken to court quickly.

How Constitutionalism Works in Practice

These objectives work together. When you limit government power, you protect rights. When you ensure accountability, you uphold the rule of law. When you prevent dictatorship, you support democracy.

Consider this example: During the 2023 elections, some people complained that INEC did not upload results to the portal immediately as promised. They went to court. The court reviewed whether INEC violated constitutional provisions. This showed all seven objectives working:

• Limited government (INEC must follow constitutional procedures)
• Protected rights (right to vote and have vote count)
• Ensured accountability (INEC answering to courts)
• Upheld rule of law (courts deciding based on law)
• Supported democracy (protecting electoral integrity)
• Prevented tyranny (stopping one party from manipulating results)
• Guaranteed justice (courts hearing citizens’ complaints)

Challenges to Constitutionalism in Nigeria

Despite these objectives, Nigeria faces challenges in practicing constitutionalism:

Disobedience of court orders: Sometimes government officials ignore court orders. When DSS refused to release Omoyele Sowore despite court orders, this violated constitutionalism.

Corruption: When leaders steal public funds, they undermine accountability. Even though constitutionalism requires accountability, corruption weakens it.

Weak institutions: INEC, EFCC, ICPC, and courts need resources to enforce constitutionalism. When these institutions are weak, constitutionalism suffers.

Ignorance: Many Nigerians do not know their constitutional rights. If you don’t know you have rights, you cannot demand them.

However, as more Nigerians learn about constitutionalism and demand their rights, our democracy becomes stronger.

Common Exam Mistakes

WAEC Chief Examiners report that students often:

• Confuse objectives with features: Objectives are the GOALS or PURPOSES of constitutionalism (what it aims to achieve). Features are the CHARACTERISTICS (what it looks like). Don’t mix them up.
• Cannot explain clearly: Don’t just write “protect rights.” Explain WHICH rights, HOW they are protected, and give Nigerian examples like SARS arrests or COVID lockdowns.
• Forget Nigerian context: WAEC wants Nigerian examples. Mention the 1999 Constitution, Nigerian institutions (INEC, EFCC), and Nigerian situations (elections, court cases).
• Mix up related concepts: Constitutionalism, constitution, and constitutional government are related but different. Constitutionalism is the principle/practice. Constitution is the document. Constitutional government is government that follows the constitution.
• Poor organization: Use separate paragraphs for each objective. Don’t write everything in one long paragraph.
• Ignore the word “major”: If the question asks for “major objectives,” focus on the most important ones. Don’t waste time on minor points.

Practice Questions

Multiple Choice Questions

1. Which of the following is a major objective of constitutionalism?
a) To increase government revenue
b) To limit government power ✓
c) To create more political parties
d) To establish a military government

2. Constitutionalism protects citizens by:
a) Giving government unlimited power
b) Allowing leaders to rule forever
c) Guaranteeing fundamental human rights ✓
d) Preventing people from voting

3. The principle that law applies equally to everyone is called:
a) Separation of powers
b) Rule of law ✓
c) Federalism
d) Judicial review

4. Which constitutional provision limits how long a Nigerian President can serve?
a) No term limits
b) One term of four years
c) Two terms of four years each ✓
d) Three terms of five years each

Essay Questions

1. Explain FIVE major objectives of constitutionalism. (15 marks)

Tips for answering:

• State each objective clearly: limit government power, protect rights, ensure accountability, uphold rule of law, support democracy, prevent dictatorship, guarantee justice
• Explain what each objective means in 2-3 sentences
• Give a Nigerian example for each objective
• Use proper paragraphs – one for each objective
• Write at least 3/4 page to get full marks
• Don’t just list – EXPLAIN each point in detail

2. “Constitutionalism is essential for protecting democracy in Nigeria.” Discuss FOUR ways constitutionalism supports democratic governance. (10 marks)

Tips for answering:

• Start with brief introduction defining constitutionalism
• Identify four ways: guarantees free elections, protects political participation, allows opposition parties, ensures peaceful power transfer, prevents executive overreach
• Explain each way with examples from Nigerian politics
• Mention specific constitutional provisions (like Section 14 on democracy)
• Conclude by restating why constitutionalism matters for democracy
• Balance your answer – spend equal time on each point

3. State FOUR differences between constitutionalism and a constitution. (8 marks)

Tips for answering:

• Constitution is a document; constitutionalism is a practice/principle
• Constitution contains written rules; constitutionalism is about obeying those rules
• Constitution can exist on paper only; constitutionalism must be practiced in real life
• Constitution is static (doesn’t change often); constitutionalism is dynamic (practiced daily)
• Use clear, simple language
• Give brief examples to illustrate each difference

Memory Aid

Remember “LAPRUDS” for the seven major objectives:

• Limit government power
• Accountability of leaders
• Protect citizens’ rights
• Rule of law for everyone
• Uphold democracy
• Dictatorship prevention
• Safeguard justice

Or remember this sentence: “Lagos And Port-Harcourt Really Use Democratic Systems” – each word reminds you of an objective!

Related Topics on Keypoint.ng

Learn more about related Government topics:

• Definition of Constitutionalism – Understand what constitutionalism means
• Definition of Constitution – Learn about constitutions and their sources
• Advantages of Written Constitution – Benefits of having written constitutional laws
• Separation of Powers – How government power is divided
• Rule of Law – The principle that law applies equally to all