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“A grundnorm is a fundamental law that serves as the foundation for a society’s legal system. It is the most important law, and all other laws are based on it”. All other laws are sourced from it. All organs of the state are created and empowered by it.
The term grundnorm is German for “basic norm”. “It is a hypothetical norm that is assumed to be true, rather than a statement of fact”. It does not obey any other laws in the country but all other institutions and persons grant unfettered loyalty and obedience to it.
The grundnorm is the source of authority for all other laws in the legal system. The grundnorm can be a simple idea, like following the rules of a monarch, or it can be a complex system of laws – a constitution. The Supreme Court is less supreme before it.
For instance, in colonial Nigeria, the Queen of England was the grundnorm. After independence, the constitution became the norm, as it is the most basic law in Nigeria. “Originally, the concept of the grundnorm is central to Hans Kelsen’s Pure Theory of Law”.
The Nigerian Grundnorm refers to the fundamental principles or basic norms that underlie the country’s constitutional and legal framework. The term “Grundnorm” was coined by the Austrian jurist Hans Kelsen, who defined it as the “basic norm” or “fundamental principle” that gives validity to a legal system.
In the context of Nigeria, the Grundnorm can be understood as the set of core values, principles, and norms that shape the country’s governance, politics, and society. Some of the key elements that can be considered part of Nigeria’s Grundnorm include:
Federalism: Nigeria is a federal republic, and the principles of federalism, including the division of powers between the federal government and the states, and local government are fundamental to the country’s governance structure.
Democracy: Nigeria has a democratic system of government, and the principles of democracy, including the rule of law, separation of powers, and protection of human rights, are enshrined in the country’s constitution.
Rule of Law: The rule of law is a fundamental principle of Nigeria’s legal system, and it ensures that all individuals and institutions are subject to the law and that the law is applied equally and impartially.
Separation of Powers: The separation of powers between the legislative, executive, and judicial branches of government is a key element of Nigeria’s Grundnorm, as it helps to prevent the concentration of and encroachment of power and ensures that each branch of government is accountable to the others.
Human Rights: The protection of human rights is a fundamental principle of Nigeria’s Grundnorm, and it is enshrined in the country’s constitution and various international human rights treaties that Nigeria has ratified.
Some of the key documents that reflect Nigeria’s Grundnorm include:
The Constitution of the Federal Republic of Nigeria 1999 (as amended): This is the supreme law of the land and it sets out the fundamental principles and structures of Nigeria’s governance system.
The African Charter on Human and Peoples’ Rights: This is an international human rights treaty that Nigeria has ratified, and it sets out the fundamental human rights and freedoms that are guaranteed to all individuals in Nigeria.
The Universal Declaration of Human Rights: This is an international human rights instrument that sets out the fundamental human rights and freedoms that are guaranteed to all individuals, and it has been widely influential in shaping Nigeria’s human rights framework.
Overall, Nigeria’s Grundnorm reflects the country’s commitment to democracy, human rights, and the rule of law, and it provides the foundation for the country’s governance and legal systems. The highest office in Nigeria is the President and the Commander in Chief of the Nigerian Armed Forces. He swore to obey the Constitution and derived all his powers and authorities from the same Grundnorm – the Constitution, meaning, everyone obeys the Constitution but the Constitution does not obey anyone.
Lawyer Tonye Jaja, a legal expert and secretary of the Association of Legislative Drafting and Advocacy Practitioners, has asserted that “an amendment to the 1999 Constitution is necessary to validate the appointment and tenure extension of the Inspector General of Police, Kayode Egbetokun”. Simply, Lawer Tonye Jaja has asserted before the Inspector General of Police Mr. Kayode Egbetokun resumed office on October 31, 2023, he would have known and prepared to retire when he turns 60 on September 4, 2024. Otherwise, a constitutional amendment would have been in place before he turned 60 years of age. He turned himself into a sacred cow before the law.
The Attorney General of the Federation and Minister of Justice appointed by the President allegedly declared “that Egbetokun’s appointment, which began on October 31, 2023, would have concluded when he turned 60 on September 4, 2024”. He was right if he truly said that.
But today, more than four months over 60 years of age, Egbetokun is still in office as the Inspector General of Police courtesy of an amendment to the Police Act instead of the Constitution of the Federal Republic of Nigeria or the Grundnorm. Nobody could be looking to amend the Grundnorm which can take more than two years to amend when the Police Act can be amended in two minutes and on the phone.
In a letter directed to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, Jaja “criticized the AGF for deeming the IG’s ongoing tenure as lawful.” He said, “The AGF erred in stating that the tenure extension is lawful,”
But before the IG reached his retirement age of 60 years the Police Act was amended to allow him to finish his original four-year term under Section 7 (6) of the Act, despite having reached the age limit.
The amendment of the Police Act has “legally extended Egbetokun’s tenure until October 31, 2027, allowing him to fulfill the full four-year term granted to him.
But all the collaborators did not do a clean job. The Constitution of Nigeria to which the President, the AGF, and the IG were ascribed was not amended because they did not have sufficient time for that. They must also have thought let anybody go to court, we have the approval of the President and the AGF. They are safe. But they all took their offices and powers and tenures from the Constitution and NOT any Act of Parliament.
Here we go again on the Constitutional matters in Nigeria. All constitutional matters have the Supreme as the Court of Final jurisdiction. The Nigeria Supreme Court can make a pronouncement that a married woman with five children born to her husband a man and so he would be called a Mr. If Abuja can become a state ruled by an appointed Minister during a Presidential judgment by the Nigeria Supreme Court against a former judgment of the Court, a Camel can pass easily through the eye of a needle. Anything can happen there. An Amendment to the Police may not be inferior to the Nigerian Constitution Sections 214, 215, and 216 of the 1999 Constitution (as amended) because it is in Nigeria, where morning can suddenly become night without an eclipse.
So many things are wrong with Nigeria but Nigeria can still be better than it is today.
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