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Question

Difficulty: EasyMilitary Intervention and Governance in Nigeria

Following a military coup d'état in Nigeria, what was the primary legal relationship between military decrees and the national constitution?

  1. Military decrees suspended relevant constitutional sections and held supreme legal authority over constitutional provisions.Answer
  2. B
    Military decrees remained legally subordinate to the constitution and could be invalidated by civilian courts.
  3. C
    Military decrees required formal ratification by the dissolved civilian parliament before becoming law.
  4. D
    Military decrees were subject to judicial review under the fundamental human rights provisions of the constitution.

Answer

Military decrees suspended relevant constitutional sections and held supreme legal authority over constitutional provisions.
During military regimes in Nigeria, military decrees formed the supreme authority of the state. Upon seizing power, military governments suspended key constitutional provisions and issued decrees that overrode any conflicting laws, supported by ouster clauses that barred courts from questioning their legal validity.

Step-by-Step Solution

1
Identify how law-making authority operates under military regimes in Nigeria.
Upon taking power through a coup, military governments suspend democratic institutions, dissolve parliament, and modify or suspend sections of the constitution.
Military governments replace civilian constitutional law with military executive commands.
2
Determine the legal status of military decrees relative to constitutional provisions.
Military decrees take precedence over all existing constitutional rules and routinely include ouster clauses preventing judicial challenge.
Decree supremacy is a defining legal feature of military governance in Nigeria.

Key Concept

Decree Supremacy in Military Governance
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Military Intervention and Governance in Nigeria