CHAPTER ONE GENERAL INTRODUCTION 1.1.            Background of the Study

Man is endowed with a modicum of freedom. No man can be subjected to the political hegemony or power of another without his own consent.[1] However, the realities of communalism[2] and social interactions among men demand a leader or ruler to whom the inhabitants of a political society should abdicate their right to freedom. The ruler exercises this power on behalf of the people. Prior to this period, it was a state of war of all against all aptly captured by the Latin maxim bellum omnium, contra omnes.[3]

Government was evolved to eliminate these enraging political skirmishes. Constitution was enacted to effectively run the government. This is usually referred to in jurisprudence as the first constitution. The question is why will one have to respect the first constitution as a binding norm? The answer is that the fathers of first constitution were empowered by God.[4] With this empowerment the first constitution was made and it formed the basis of subsequent constitutions.

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