LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Effect of Modification of Constitutional Provision by Decree
PRINCIPLE STATEMENT
A military decree that modifies a constitutional provision effectively substitutes an entirely new provision for the original, completely wiping out the original constitutional provision and any jurisdiction conferred by it.
RATIO DECIDENDI (SOURCE)
"The net result of the modification of section 212 of the 1979 Constitution is the substitution of an entirely new s.212 in Schedule 2 of Decree No.1 of 1984. The original jurisdiction of the Supreme Court contained in section 212 of the 1979 Constitution was completely wiped out. This court has therefore lost its original jurisdiction in the matter."
EXPLANATION / SCOPE
This principle, applicable during military rule in Nigeria, establishes that decree modifications of constitutional provisions are not mere amendments but wholesale substitutions. The original constitutional text ceases to have any legal effect and is replaced entirely by the decree provision. This has profound implications for jurisdiction, as courts lose powers conferred by the original constitution unless those powers are preserved or re-conferred by the modifying decree. The principle reflects the supremacy of military decrees over constitutional provisions during periods of military governance, fundamentally altering the constitutional landscape and requiring courts to apply the modified provisions as if they were the original constitutional text.