LEGAL PRINCIPLE: CONSTITUTIONAL LAW — Supremacy of Decrees over the Constitution
PRINCIPLE STATEMENT
During military rule, decrees constitute the supreme law of Nigeria, and all other laws including the Constitution are subordinate to decrees.
RATIO DECIDENDI (SOURCE)
"Under our present condition, Decrees are the supreme laws in Nigeria and all other laws including the current Constitution are inferior to the Decrees... It follows therefore that the contention of Chief Williams concerning the invalidity of the Constitution of the Federal Republic of Nigeria (Promulgation) (Amendment) (No.2) Decree 1992 was misconceived and is untenable."
EXPLANATION / SCOPE
This principle reflects the legal reality of military governance where military decrees override constitutional provisions. The normal hierarchy placing the constitution as supreme law is inverted, with decrees occupying the apex of the legal order. Courts cannot declare decrees unconstitutional or invalid for inconsistency with the constitution. This supremacy extends to decrees that modify, suspend, or repeal constitutional provisions. The principle effectively insulates military legislation from judicial review on constitutional grounds, concentrating legal sovereignty in the military government. While controversial from a constitutional law perspective, it represents the practical legal framework under which Nigerian courts operated during periods of military rule (1984-1999).