NATIONAL OPEN UNIVERSITY OF NIGERIA

UNIVERSITY VILLAGE, PLOT 91, CASDASTRAL ZONE, NNAMDI AZIKIWE EXPRESS WAY, JABI, ABUJA.
FACULTY OF LAW
JULY 2018 EXAMINATION

COURSE CODE:      PUL243         

COURSE TITLE:     CONSTITUTIONAL LAW 1          

TIME ALLOWED:   2 ½ HOURS

INSTRUCTION:       ANSWER QUESTION 1 (ONE) AND ANY OTHER 3 (THREE) QUESTIONS.    (QUESTION 1 (ONE) ATTRACTS 25 MARKS WHILE OTHERS ARE 15 MARKS EACH)

1. (a)      Col. Danladi is a military governor of Well state in Dang Republic. He issued a decree to the effect that all persons in Dang Republic should pay tax to Well state or else they would face his wrath. Mr. Jalabiya who lives in Diga state has gone to the law court to challenge this decree. Advise him on his success in court.

(b)      Define the term ‘constitution’.

(c)      How does the 1999 Constitution divide the powers of government? 

-       (25 marks)

2. The nature of a constitution is determined essentially by the source of its
   authority i.e. whether or not it is an original act of people, and, secondly
   by the justiciability of its provisions i.e. whether it is enforceable in the
   court or merely a political charter of government unamenable to
   judicial enforcement. Discuss.      -         (15 marks)

3. There is no constitutional sharing and division of powers between the central government and the regional governments or local authorities in a Unitary System of government. Discuss with reference to the merits and demerits of a Unitary System of government.        -          (15 marks)

4. Professor Ben Nwabueze defines federalism as “an arrangement whereby powers of government within a country are shared between a national country-wide government and a number of regionalized (i.e. territorially localized) governments in such a way that each exists as a government separately and independently from the others, operating directly on persons and property within its territorial area, with a will of its own and its own apparatus for the conduct of its affairs, and with an authority in some matters exclusive of all others.”

Discuss at least five (5) principles/issues involved in this definition.      -  (15 marks)

5. (a)      Define the term ‘separation of powers’

(b)      What system of government is Nigeria presently operating? Support your answer with statute/case law.

(c)      What is the idea behind the principle of separation of powers? Support with case law.                        -          (15 marks)

6.       Write short notes on the following:

          (a)      Parliamentary supremacy

(b)      Constitutional supremacy             -         (15 marks)