Constitutional and Administrative Law in Nigeria: Are They Instruments of Governance?

doi: 10.53116/pgaflr.6650


Are constitutional and administrative laws in operation in the institutions and agencies of government in Nigeria? How effective are these laws at regulating the activities of the government in the country? Has the law enhanced the quality of services delivered by the government? What are the factors influencing the practice of public administration in Nigeria? Are these factors in consonance with administrative law? These are germane questions to which this study attempted to provide answers. It relies on secondary data, which were subjected to content analysis. The study argues that the 1999 Constitution of Nigeria, prepared by the government without legitimacy (the military), and handed over to the civilian administration some twenty-three years ago, with little or minor amendment to date, made the legitimacy of the government of Nigeria’s Fourth Republic questionable. And, apart from the faulty preparation of the constitution and some amendments made to it by the National Assembly, the elite, who appear to be above the law, do not allow the constitution to work. These elite are mainly among the legislature, the judiciary and the executive; they are all guilty of stemming and whittling down the power of the constitution, and the law of administration by their flagrant disregard for the rule of law and the constitution in their various capacities. This study therefore, concludes that, until Nigeria’s constitution is redrafted, and constitutional law and administrative law properly applied, quality or good governance will continue to elude the country.


constitutional law administrative law governance legitimacy constitutionality constitutional government and rule of law human rights

How to Cite

Adegbami, A., & Ganiyu, A. A. (2023). Constitutional and Administrative Law in Nigeria: Are They Instruments of Governance?. Public Governance, Administration and Finances Law Review, 8(1), 55–71.


Adegbami, A. & Uche, C. I. N. (2016). ‘Despotic Democrats’ versus Good Governance: Challenges of Administration of Nigeria’s Fourth Republic. The Journal of Developing Areas, 50(4), 195–210. Online:

Adegboyega, A. (2021, January 20). Nigerian Government Worried as Survey Reveals Corruption, Inefficiency, Other Rots in Regulatory Agencies. Premium Times. Online:

Ademu, W. A. (2013). Eradicating Corruption in Public Office in Nigeria. Interpersona: An International Journal on Personal Relationships, 7(2), 311–322. Online:

Adetayo, O. (2021, October 7). Nigeria’s Legislature Is Siding with Autocracy. Democracy Is at Risk as Nigerian President Muhammadu Buhari’s Power Grows Unchecked. Foreign Policy. Online:

Afolabi, A. (2021, May 27). You Can’t Cure Defects in 1999 Constitution, Babalola Tells NASS. The Guardian. Online:

Aramide, M. (2020, May 3). Civil Servants Have Tremendous Roles to Play in Ensuring Due Process. The Guardian. Online:

Britannica (s. a.). Constitutional Government. Online:

Channels Television (2019, August 27). I Have Compiled 32 Court Orders Being Disobeyed by Nigerian Govt – Falana. Online:

Cronus Law (2019, September 2). The Purpose of Law and Its Functions in Society. Cronusprod. Online:

Dhyani, N. (2022). Difference Between Administrative Law and Constitutional Law. Online: (2018). Constitutional Law. Online:

Federal Republic of Nigeria (1999). 1999 Constitution of the Federal Republic of Nigeria. Lagos: Federal Government Press.

Hassan, I. (2021, July 26). Nigeria’s Constitutional Review: The Continuing Quest for a Legitimate Grundnorm. International IDEA. Online:

Henkel, F. (2013). Preface. In E. E. O. Alemika (Ed.), The Impact of Organised Crime on Governance in West Africa. Friedrich-Ebert-Stiftung.

Ipadeola, O. (2016). Qualitative Study on the Patterns, Experiences and Manifestations of Corruption in Nigeria. A Research Report Funded by the European Union for the United Nations Office on Drug and Crime, to Support Anti-Corruption Project in Nigeria. Online:

Iroanusi, Q. E. (2022, January 2). In 2021, Nigerian Senate Sat for only 66 days, Broke Own Rules. Premium Times. Online:

Keman, H. (2000). Constitutional Government. In M. Sekuchi (Ed.), Encyclopedia of Life Support Systems (EOLSS). UNESCO & Oxford University Press. Online:

Monye, J., Obiagbaoso, P. & Obidegwu, R. (2020, October 13). Where Are We in Curbing Delays in Administration of Justice in Nigeria? Punuka. Online:

Nnochiri, I. (2011, September 29). Corruption in Judiciary: CJN, NBA to the Rescue? Vanguard. Online:

Nottingham Law School (2020). Constitutional & Administrative Law. Online:

Obasanjo Olusegun (1987). Nzeogwu: An Intimate Portrait of Major Chukwuma Kaduna Nzeogwu. Ibadan: Spectrum Books Limited.

OECD (2005). Investments in Weak Governance Zones. Paris: OECD. Online:

Ogboye, L. & Yekini, A. O. (2014). Constitutionalism and Good Governance in Nigeria (1999–2014). Nnamdi Azikiwe University Journal of International Law & Jurisprudence, 5, 118–130.

Oikhala, G. I. (2020). An Assessment of Administrative Law and Governance System in Nigeria. Kampala International University Journal of Social Sciences, 6(3), 75–90.

Ojelu, H. & Dania, O. (2022, February 3). FG’s Disobedience to Court Judgments Dangerous – Lawyers. Vanguard. Online:

Oluwole, J. (2015, September 11). You Are More Corrupt than Politicians, Fayose Tells Nigerian Civil Servants. Premium Times. Online:

Omolaja, M. A. (2009). Administrative Practice in Nigeria: Implications for National Development, Economic Analysis 1–2, 53–64.

Onyekwere, J. (2021, October 19). Lawyer, Others Decry Recurring Executive Disobedience to Valid Court Orders. The Guardian. Online:

Policy and Legal Advocacy Centre (2016). Guide to Legislative Oversight in the National Assembly. Abuja: Policy and Legal Advocacy Centre.

Prunty, R. (2018). Constitutional Law and Public Administration. In A. Farazmand (Ed.), Global Encyclopedia of Public Administration, Public Policy, and Governance. Springer, Cham. Online:

Robson, W. A. & Page, E. C. (2023). Administrative Law. Encyclopedia Britannica. Online:

Sayuti, U. (2016). Legislative Oversight, Good Governance and the Future of Nigeria’s Democracy. International Journal of Comparative Studies in International Relations and Development, 4(1), 13–25. Online:

Shrivas, S. (2022). Definitions of Law and its Functions. Legal Service India e-journal. Online:

Strictly Legal (2022). Constitutional Law and Administrative Law. Online:

Tobi, A. A. & Adegbami, A. (2020). Legislative-Executive Relations in Nigeria’s Fourth Republic. Dynamics of Public Administration, 37(1), 1–12, University of Lucknow, Lucknow, Uttar Pradesh, India.

University of Strathclyde (s. a.). Constitutional & Administrative Law. Online:

Usman, A., Romle, A. R. & Bashir, A. (2015). Institutional Weakness and Conflict Management in Nigeria: The Need for Collaborative Governance. International Journal of Administration and Governance, 1(11), 1–7.

West-Idahosa, E. (2021, February 16). Independence of the Judiciary: A Recipe for True Democracy in Nigeria. The Nation. Online:


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