23/09/2026
Proper Citation of Constitution/Statute even after amendment.
Dear colleagues,
It has become necessary to draw our attention to this matter. Citation and referencing in any legal system is normally inspired by Legal academics. This is what NALT has assumed responsibility for by the citation guidelines. We may have noticed the 'universality' (in Nigeria) of the error of citing the Constitution and even statutes and adding 'as amended'. As recently as July 2026 the Chief Justice of Nigeria made the mistake. Our students, of course, can't but follow. Well, we have the responsibility to correct the error.
1.Logically amendment is like taking a sick person, including orthopaedic patient, to hospital. When the person is cured he is not described as 'Chinwo as cured'. He is still Chinwo.
2.The Constitution of Nigeria, which contemplates its amendment and provided for it s.9, in s. 319 is explicit as to how it should be cited: 'This Constitution may be cited as the Constitution of the Federal Republic of Nigeria 1999'.
3.Section 4 of the Interpretation Act provides that when any statute had been amended reference to that statute includes the amendment. That is what is it means when the phrase 'as amended' is used.
4.Going by Precedent, the Constitution of the USA, which like ours is presidential, has been amended for over 27 times. Yet it is simply referred to as the 'Constitution of the United States'. However, if a particular amendment is referred to you hear of 1st or 14th Amendment just in Nigeria we have 3rd or 5th Alteration'.
This generation of teachers is responsible to and for this generation of students and graduates. I plead that we should be firm to stop this anomaly, or pathology as someone elsewhere put it. I shall also post it in many academic platforms. Feel free to share as wide as possible, even Judiciary platforms.
C.A.J. Chinwo, Ph.D,
Ass. Prof., RSU