constitution by eguriase s. m. okaka

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Constitution By Eguriase S. M. Okaka Meaning of Constitution A constitution is a set of laws, rules and regulations by which a country is governed. Constitution also refers to the body of agreed rules and principles stating how the powers of a state are to be exercised. It is the basic fundamental laws of any country and all other laws govern the country must be in conformity with provision of the constitution. Any law made outside the constitution is regarded as unconstitutional and therefore null and void. The constitution contains the working of government, sets limits for actions of government, and outlines the duties, rights and obligation of the citizen. Every country has a constitution which is either written or unwritten. Sources of Constitution The constitution used to govern a country is regarded as supreme, and is derived from a number of sources. They include:  Common law (customs and traditions of the people): Some of the customs of the people in a country which are found worthy may be included in the constitution such as mutual respect for each other, no violence, no adultery, etc.  Judicial precedent: The decisions of a court on major matters where the constitution looks silent or has a vacuum could also be included in the constitution to become a part of it.  Decrees/Edicts: Decrees are laws made by military government at federal level in a federal system of government, while Edicts are laws made at the state/regional level by the state military government. Decrees and edicts may also serve as a source of the constitution.  Historical Documents: Textbooks, treats/ pacts signed, expert opinion, etc., are also sources from where provisions of a constitution can be derived.  Constitutional conferences: This is another source for constitution making. Through constitutional conference, representatives of the people from different areas and ethnic groups meet to discuss and agree on issues concerning the entire nation. For examples, a constitutional conference was held in London before Nigeria’s independence was granted.  International laws and treaties: The treaties and laws of international organizations such as ECOWAS, AU, UNO, etc., may also serve as source of constitution making.  Act of parliament of previous civilian government also serve as source of constitution making.  Previous constitution: It serves as a source of constitution especially when reviewing or making a new constitution for the country. Functions of the Nigerian Constitution • It provide legal framework by which the country is governed. • It defines the relationship between the ruler and the ruled. • It defines the powers, functions and roles of the arms of government e.g, legislators, executive and the judiciary. Hence, separation of powers among the organs of government. • It stipulates the rights e.g., right to life, right of association, right of free movement, freedom of speech, etc. • It makes the country politically stable. • It states the procedure for amendment of the constitution. • It serves as a national symbol for the people of a country. • It determines the relationship among the various tiers of government e.g., federal, state and local government. Types of Constitution The constitution may be classified into the following:  Written constitution  Unwritten constitution  Flexible constitution  Rigid constitution  Unitary constitution  Federal constitution  Confederation constitution Written Constitution: In written constitution, all its contents, e.g. rules regulations, fundamental principles, laws, etc., used in governing the country are stated in one document for all to see, read and consult from time to time. The constitutions of most countries today are written. Examples of countries with written constitution are Nigeria, Ghana, Sierra Leone, Ivory Coast, United States of America, France, India, Germany, Switzerland, etc. Merits of a Written Constitution • It enables those in government and the people governed to work under the confine of the constitution. • It makes it easier for the judiciary to interpret the law since relevant portions of the constitutions can be quoted to support their claims. • The constitution cannot easily be bent to protect the selfish desires of individuals. • It is easy to operate and it removes ambiguity associated with an unwritten constitution. • It can be amended only when the due process and procedure are followed. • It is most times a single document which is comprehensive and can easily be accessed by all to know their rights and duties as spelt out in the constitution. Demerits of a Written Constitution • It is difficult to amend because there are spelt out rules to be followed in amending the constitution. • It can delay the actions of government most especially during emergency period; for example, the swearing-in of Good luck Jonathan after the death of President Musa Yar’ Adua. • Written constitution hardly meet both present and future needs of any country without repeated amendments. • Some of its provisions are at times wrongfully interpreted. • It does not fit all types of government e.g., unitary system of government. • It is restrictive and limits the initiatives of those in places of authority and power. • It sometimes brings controversy and friction among the organs of government because of the misinterpretation of some clauses contained. Unwritten Constitution: In an unwritten constitution all rules, principle, regulation laws etc. that govern the people are not contained in one document. The system of government that uses unwritten constitution operates on many laws, customs, conversions and judicial interpretations. An unwritten constitution is usually flexible. Examples of countries that have unwritten constitution are Great Britain, Italy, Finland, New Zealand, etc. Merits of Unwritten Constitution • It is easy and flexible to amend. • It can make changes to accommodate present and future challenges. • It enables quick decision making. • It allows for compromise and also takes care of special interest. • It prevents constitutional conflict associated with written constitution. Demerits of Unwritten Constitution • It can easily be abused since there is no single document that contains the rules and regulations on how the country is governed. • It can easily lead to dictatorship. • It cannot meet the needs of people of a country with several ethnic groups and cultures such as Nigeria. • It does not provide for accurate protection of human rights, therefore violation of citizens is possible. Rigid Constitution: A rigid constitution requires lengthy and difficult process to amend. There are laid down rules and procedures to follow before the constitution can be amended. Examples of countries operating this of constitution are Nigeria, United States of America, Ghana, South Africa, France, Australia, Indian, etc. All rigid constitutions are written constitutions. Merits of Rigid Constitution • It promotes stability of government because the constitution cannot easily be altered by ambitious and greedy political leaders. • It requires procedures for its amendment; hence, individuals and interest group cannot easily alter it. • It allows for peaceful transition of civilian government to another government. • It is a comprehensive and definite document which makes prediction in government possible. Demerits of Rigid Constitution • It is difficult and slow to amend. • It is very expensive to amend. • Any of the lapses in the constitution can be used by any arm of government to manipulate matters affecting the citizens of the state or country. • It may lead to slow growth and development of the country. • Amendment of a rigid constitution requires majority votes thereby undermines the interest of the minority. Flexible Constitution: A flexible constitution is one that can be change or amended without any lengthy or difficult process. The amendment can easily be done by a simple majority vote in the legislature. All unwritten constitutions are flexible. Examples of countries that operate flexible constitutions are Britain, Italy, Finland, New Zealand, etc. Merits of Flexible Constitution • It is easy to amend. • It prevents conflicts and constitutional deadlock. • It saves time and also less expensive to amend. • Obsolete laws can easily be changed with new ones. • The constitution can be amended to meet the needs and aspiration of the people quickly. • It enables the government to take quick decisions. Demerits of Flexible Constitution • Individual’s freedom and safety are less protected. • It is possible for any ruling party in government to amend the constitution for its own interest. • It cannot be used effectively in a country like Nigeria that has so many ethnic groups. • Adopting flexible constitution may lead to the emergence of a dictator. Unitary Constitution: This type of constitution organizes the structure, functions and operations of government under a single government. The power and authority of government is concentrated in one hands of the central government. Examples of countries operating this constitution are Britain, Italy, France, Ghana and Sierra Leone. Merits of Unitary Constitution • There is less conflicts • It brings unity • It is cheaper to run both in costs and personnel’s needs. Demerits of Unitary Constitution • It encourages autocratic government because the authority or power is only at the center. • There is communication gap between the center and the people which results in the delay of some government decisions and policies. • It does not encourage majority participation in decision making. Federal Constitution: In this type of constitution, there is formal division of power between two levels of government otherwise called central or federal government and the component units which could be called states or regions. The two levels of government are independent and coordinate of each other as they make and execute laws on the subject-matters assigned to them by the constitution. In this wise, the central or federal government make laws in the Exclusive list, the states or regions make laws in the Residual list, while both of them are free to make laws under the Concurrent list, but with those of the federal or central government taking precedence where they conflict. Examples of countries operating federal constitution are Nigeria, United States of America, etc. Con federal Constitution: It is a system of government in which the confederating states (units) have absolute control over the affairs of their various units with the central government at the center exercising weak powers. The units contribute to the central government for it survival. Questions • Define constitution • State five sources of the constitution • State three functions of the constitution • List four types of constitution • In a tabular form, outline the difference between written and unwritten constitution • Write short notes with examples of countries operating the following: • Written constitution • Unwritten constitution • Rigid constitution • Federal constitution List the merit and demerits of the following: • Written constitution • Unwritten constitution Eguria.blogspot.com

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education as a weapon by Eguriase S.M. Okaka

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Education as a weapon by Eguriase S.M. Okaka A weapon is an instrument of offensive of defensive combat; something to fight with; anything used, or designed to be used, in destroying, defeating, or injuring an enemy, as a gun, a sword, etc. That is where I likened, education as a weapon of offense and defense. Those who fought for Nigeria's independence on October 1st 1960, did not fight with guns, bombs and their likes rather they fought with their education. Education is a weapon that no one can dispute. Your education is the key to open all your future doors. Then get it at Guria Lectures. For there is education in plenty @ Guria Lectures, Benin City. For enrollment,WhatsApp Uncle Guria on 08032587335. Classes available: 1. Six months course in Adult Education 2. Primary Lectures 3. Secondary Lectures 4. Speech sounds class Ask Patriots like Chief Obafemi Awolowo, Dr. Nnamdi Azikiwe,Sir Ahmadu Bello, Chief Anthony Enahoro and a host of others, they will tell you that t...
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